Academic journal article British Journal of Canadian Studies

Re-Examining Contract and Unjust Enrichment: Anglo-Canadian Perspectives

Academic journal article British Journal of Canadian Studies

Re-Examining Contract and Unjust Enrichment: Anglo-Canadian Perspectives

Article excerpt

Paula Giliker (ed.), Re-examining Contract and Unjust Enrichment: Anglo-Canadian Perspectives (Leiden/Boston: Martinus Nijhoff Publishers, 2007), xxx + 341pp. Cased. 126. ISBN 978-90-04-1556-3.

On Friday 30 June 2006, a conference on 'Anglo-Canadian Perspectives on Contract and Unjust Enrichment/Restitution' took place at the Canadian High Commission in London. The conference, which had been organised by Paula Giliker under the auspices of the British Association for Canadian Studies Legal Studies Group, proved to be an interesting and enjoyable event, and it has now led to the publication of an interesting and enjoyable collection of essays.

According to Giliker's introductory chapter, entitled 'Diverging or Converging - The Ongoing Relationship of the Common Laws of England and Canada', the purpose of the book is not to invite the reader 'to seek "the best system" but to use the analysis to gain a greater understanding of their own' (p. 11). Although restitution is now firmly established as a legal subject in its own right, the essays clearly show that much remains to be said about its relationship with contract, and about seemingly well-established aspects of contract law, for that matter.

Organising such a diverse group of papers into a coherent structure is never easy. Giliker has grouped them into four parts: The Boundaries of Contract and Unjust Enrichment, Clarifying the Law on Unjust Enrichment, Clarifying the Law of Contract, and Contract and Unjust Enrichment - Reconciling Different Jurisdictional Approaches, and thereby provides order without any unnecessary artificiality. …

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