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

  • Author(s) / Creator(s)
  • 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
  • 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.
  • Language
  • Citation for previous publication
    • McInnes, M. (2011). A return to first principles in unjust enrichment: Kerr v. Baranow. Canadian Business Law Journal, 51(2), 275-290. Retrieved from http://www.heinonline.org/HOL/Page?handle=hein.journals/canadbus51&id=309&collection=journals&index=journals/canadbus
  • Link to related item
    http://www.heinonline.org/HOL/Page?handle=hein.journals/canadbus51&id=309&collection=journals&index=journals/canadbus