Journal Articles (Law)

1996

McInnes, Mitchell

Introduction: Beginning with its momentous decision in Pavey & Matthews Pty Ltd v Paul,' the High Court has accepted that the concept of unjust enrichment underlies the law of restitution. That concept commonly is said to be comprised of four elements: (i) an enrichment to the defendant, (ii)...

1994

McInnes, Mitchell

The author argues that restitutionary relief should be available to life rescuers. Analyzed in terms of the Canadian principle of unjust enrichment, it can be said that a victim receives an enrichment and a rescuer suffers a corresponding deprivation when there is no juristic reason for the...

2004

McInnes, Mitchell

The article focuses on the Canadian law of unjust enrichment. The Canadian law of unjust enrichment is plagued by two related problems: (a) juristic reasons, and (b) discretionary justice. The first problem stems from the fact that different legal systems employ different strategies for...

2002

McInnes, Mitchell

Introduction: The orthodox response to a breach of contract is compensation. The defendant must, through the monetary proxy of damages, place the plaintiff in the position that she would have enjoyed if the contract had been properly performed. The value of that remedy is calculated exclusively...

1999

McInnes, Mitchell

In this article, the author explores the principle of unjust enrichment as formulated by courts of common law jurisdictions in Canada. He analyzes and assesses that principle in light of comparable principles applied in England, Australia and Quebec. He argues that while sound in many respects,...

2007

McInnes, Mitchell

The article discusses the two issues including ambiguity and error in the statement regarding equitable remedy that will necessarily involve discretion and questions of fairness in the judgment held in the Supreme Court case Garland v. Consumers' Gas Co. in Canada. It explains why unjust ought is...

1987

McInnes, Mitchell

The author discusses the advent of Anton Piller orders and contrasts its benefits against the right against self incrimination.

1989

McInnes, Mitchell

Introduction: At its simplest, the \"mistake of law doctrine\" holds that money paid under a mistake of law (as opposed to one of fact) is irrevocable. As any restitution lawyer can tell you, however, the doctrine is actually anything but simple. The amount of confusion which it has generated...

1990

McInnes, Mitchell

Introduction: In negligence law, conventional wisdom holds that it is for the plaintiff to prove on a balance of probabilities that his loss or injury resulted from the defendant's actions. Typically this is satisfied by showing that \"but for\" those actions, the accident would not have...