Peter Jaffey
Biographic Data
| ID | 5578636 |
|---|---|
| NAME | Peter Jaffey |
| GIVEN NAMES | Peter |
| FAMILY NAME | Jaffey |
| SIGNATURE | JAFFEY P |
| AFFILIATIONS | Brunel University of London |
| VERIFIED | No |
| TOTAL WORKS | 7 |
| TOTAL CITATIONS | 3 |
| AUTHOR COUNT | 7 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1998 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 1 |
Remedial consistency in private law
This article is concerned with the concept of ‘remedial consistency,’ the consistency of remedial rights with primary rights in the sense I explain. I argue that the requirement of remedial consistency has important implications across private law. It suggests that the ‘continuity thesis’ does not provide a justification for the right to compensation for a wrong, and I argue that rights to compensation are not generally based on wrongdoing. I als…
Unjust Enrichment and Contract
B enedetti v S awiris was concerned with the measure of a quantum meruit, and in particular whether a ‘subjective’ or ‘objective’ measure should be preferred. The Supreme Court addressed the issue broadly in line with the approach in the mainstream academic literature on unjust enrichment, according to which this is a problem of how to measure benefit. The article argues that this unjust enrichment approach is misguided because it obscures the ro…
Restitutionary Remedies in the Contractual Context
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payment for work done under the contract, commonly described as restitutionary remedies. This claim arising out of a contract is nowadays generally regarded as a non‐contractual, unjust enrichment claim governed by the modern law of unjust enrichment, by contrast with a contractual claim for damages or specific performance. The article argues that the c…
Classification and Unjust Enrichment
[First paragraph] One of the most striking changes in academic research and teaching in recent times has been the appearance of a new subject under the name of restitution or unjust enrichment. This has transformed the treatment of various areas of the common law that were historically neglected, confused and obscure, and has had, over a relatively short period, a marked effect on the approach of some judges to these areas. One of the most influe…
Failure of consideration
The judgments of the majority were along the same lines, and decisions on which the majority judgments were broadly consistent will be referred to as decisions of the court
Missing Reliance
Book reviewed in this article: Andrew Burrows, Understanding the Law of Obligations: Essays on Contract,Tort and Restitution
The Law Commission Report on Aggravated, Exemplary and Restitutionary Damages
Restitutionary Remedies in the Contractual Context
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payment for work done under the contract, commonly described as restitutionary remedies. This claim arising out of a contract is nowadays generally regarded as a non‐contractual, unjust enrichment claim governed by the modern law of unjust enrichment, by contrast with a contractual claim for damages or specific performance. The article argues that the c…
Unjust Enrichment and Contract
B enedetti v S awiris was concerned with the measure of a quantum meruit, and in particular whether a ‘subjective’ or ‘objective’ measure should be preferred. The Supreme Court addressed the issue broadly in line with the approach in the mainstream academic literature on unjust enrichment, according to which this is a problem of how to measure benefit. The article argues that this unjust enrichment approach is misguided because it obscures the ro…
The Law Commission Report on Aggravated, Exemplary and Restitutionary Damages
Missing Reliance
Book reviewed in this article: Andrew Burrows, Understanding the Law of Obligations: Essays on Contract,Tort and Restitution
Failure of consideration
The judgments of the majority were along the same lines, and decisions on which the majority judgments were broadly consistent will be referred to as decisions of the court
Classification and Unjust Enrichment
[First paragraph] One of the most striking changes in academic research and teaching in recent times has been the appearance of a new subject under the name of restitution or unjust enrichment. This has transformed the treatment of various areas of the common law that were historically neglected, confused and obscure, and has had, over a relatively short period, a marked effect on the approach of some judges to these areas. One of the most influe…
Restitutionary Remedies in the Contractual Context
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payment for work done under the contract, commonly described as restitutionary remedies. This claim arising out of a contract is nowadays generally regarded as a non‐contractual, unjust enrichment claim governed by the modern law of unjust enrichment, by contrast with a contractual claim for damages or specific performance. The article argues that the c…
Unjust Enrichment and Contract
B enedetti v S awiris was concerned with the measure of a quantum meruit, and in particular whether a ‘subjective’ or ‘objective’ measure should be preferred. The Supreme Court addressed the issue broadly in line with the approach in the mainstream academic literature on unjust enrichment, according to which this is a problem of how to measure benefit. The article argues that this unjust enrichment approach is misguided because it obscures the ro…
Remedial consistency in private law
This article is concerned with the concept of ‘remedial consistency,’ the consistency of remedial rights with primary rights in the sense I explain. I argue that the requirement of remedial consistency has important implications across private law. It suggests that the ‘continuity thesis’ does not provide a justification for the right to compensation for a wrong, and I argue that rights to compensation are not generally based on wrongdoing. I als…
Legal principles and applications (7 works) · Law (6 works) · Political science (6 works) · Computer Science (5 works) · Law and economics (4 works) · Law, Economics, and Judicial Systems (4 works) · Citation (3 works) · Economics (3 works) · Library science (3 works) · Restitution (3 works)