Publication Type
Journal Article
Version
acceptedVersion
Publication Date
1-2008
Abstract
There is unanimity that where there is a contract of settlement, an unjust enrichment claim is barred. However, there is uncertainty in this area because it is sometimes quite difficult to determine whether a contract of settlement has been concluded between the parties. This essay will consider the various tests for determining the boundaries of a settlement contract. In the absence of an express settlement agreement, the argument made in this paper is that the most satisfactory and practical approach to deciding whether there is an implied settlement agreement is to focus on whether the payor was consciously aware of any uncertainty with regard to her liability at the time of payment.
Keywords
Settlements
Discipline
Commercial Law
Publication
Restitution Law Review
Volume
16
First Page
63
Last Page
75
ISSN
1351-170X
Publisher
Mansfield Press
Citation
TANG, Hang Wu.
Settlement agreements as defences to unjust enrichment claims. (2008). Restitution Law Review. 16, 63-75.
Available at: https://ink.library.smu.edu.sg/sol_research/1627
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