Academic journal article Texas International Law Journal

Enrichment and Restitution in New Zealand

Academic journal article Texas International Law Journal

Enrichment and Restitution in New Zealand

Article excerpt

ENRICHMENT AND RESTITUTION IN NEW ZEALAND. By Ross B. Grantham and Charles E. F. Rickett. Portland, Ore.: Hart Publishing, 2000. 516 pages. $80.00 Hardcover.

In this book, Ross Grantham and Charles Rickett propose a reformulation of the theory of enrichment and restitution in New Zealand law. In place of the action for "unjust enrichment," they propose a model of restitution based on "restorable enrichment." The book is divided into five parts, outlining the structure they propose.

The first part provides the conceptual framework for the book, and attempts to reformulate "unjust enrichment" as "restorable enrichment." The authors argue that the term "unjust" is highly theoretical and, thus, explains neither the situations in which recovery is appropriate nor the reasons for recovery. "Restorable," by contrast, underlines degree to which factual circumstances mandate recovery. Grantham and Rickett envision a course of action that would return the parties to their financial status quo ante; policy driven formulations, they believe, should be discarded. The second part articulates the practical application of Grantham and Rickett's new framework for restorable enrichment and examines standard contract issues, including the impact of actual and presumed undue influence, mental incapacity, minority, unconscionability, duress and compulsion of law. …

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