Restitution in English and French Contracts: A Comparative Study of Unjust and Unjustified Enrichment

Abstrakt

On the face of it, the law of restitution is an integral part of both English and French law, based on the law of obligations and ‘alternative’ remedies for breach. However, the terminology if not the substance is surprisingly though subtly different. The English terminology pre-supposes a more objective analysis as to whether any enrichment sanctioned by restitution is ‘unjust’ whereas its French counterpart seems to take a more subjective approach to analyse each instance of ‘unjustified’ enrichment. This paper will seek to illustrate the legal framework as to restitution in English and French law, but also to deconstruct this semantic differentiation.