Recompense for Interference in Scots Law

Research output: Contribution to journalArticlepeer-review

Abstract

Recent discussions of the law of unjustified enrichment have identified a distinct category where liability arises from one party taking a benefit from a second party by actively interfering with the second party's property. Steven uses this idea of 'interference action' to analyse a wide variety of situations in the law of recompense. His analysis shows that although interference actions have hitherto been given little explicit recognition by the Scottish courts, a more direct adoption of this concept would be an important step in reducing much of the doctrinal confusion which characterises the Scots law of unjustified enrichment.
Original languageEnglish
Pages (from-to)51-65
JournalJuridical Review
Issue number1
Publication statusPublished - 1996

Keywords / Materials (for Non-textual outputs)

  • Unjustified enrichment
  • recompense

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