A return to first principles in unjust enrichment: Kerr v. Baranow

• Author(s) / Creator(s)

  • McInnes, Mitchell

• The article focuses on the advances made by the Supreme Court of Canada in the law of unjust enrichment on the case of Kerr versus Baranow which was clarified by Cromwell J. by returning to the first principles of unjust enrichment. The author states that the failure of the court to recognize the similarities between resulting trusts and restitution is regrettable. He states that the joint family venture concept of Cromwell J. that is dissociated from unjust enrichment is successful.

• Date created

  2011

• Subjects / Keywords

  • Trusts & Trustees
  • Restitution
  • Canada. Supreme Court
  • Unjust Enrichment
  • Unjust Enrichment--Canada

• Type of Item

  Article (Published)

• DOI

  https://doi.org/10.7939/R36W96Q1G

• License

  © 2011 Canadian Business Law Journal. This article has been reproduced with the permission of the CBLJ.