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Peter Jaffey

Biographic Data

ID5578636
NAMEPeter Jaffey
GIVEN NAMESPeter
FAMILY NAMEJaffey
SIGNATUREJAFFEY P
AFFILIATIONSBrunel University of London
VERIFIEDNo
TOTAL WORKS7
TOTAL CITATIONS3
AUTHOR COUNT7
EDITOR COUNT0
FIRST PUBLICATION YEAR1998
LATEST PUBLICATION YEAR2022
H-INDEX1
  • Remedial consistency in private law

    Peter Jaffey•ARTICLE•University of Toronto Law Journal•2022

    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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2014•Cited by: 1•References: 4

    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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2013•Cited by: 2•References: 11

    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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2004

    [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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2003

    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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2000

    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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•1998

  • Restitutionary Remedies in the Contractual Context

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2013•Cited by: 2•References: 11

    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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2014•Cited by: 1•References: 4

    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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•1998

  • Missing Reliance

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2000

    Book reviewed in this article: Andrew Burrows, Understanding the Law of Obligations: Essays on Contract,Tort and Restitution

  • Failure of consideration

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2003

    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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2004

    [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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2013•Cited by: 2•References: 11

    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

    Open Access•Peter Jaffey•ARTICLE•Modern Law Review•2014•Cited by: 1•References: 4

    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

    Peter Jaffey•ARTICLE•University of Toronto Law Journal•2022

    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)

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