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Remodelling knowing receipt as a gains-based wrong

Lookup NU author(s): Dr Derek WhaymanORCiD

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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).


Abstract

This article analyses the nature of knowing receipt. It finds its previous characterisations as a form of unjust enrichment or trustee-like liability wanting in the face of newer authority and complex commercial situations. It argues that knowing receipt is a gains-based profit-disgorging wrong and this best describes its remedies.


Publication metadata

Author(s): Whayman D

Publication type: Article

Publication status: Published

Journal: Journal of Business Law

Year: 2016

Volume: 2016

Issue: 7

Pages: 565-588

Print publication date: 01/09/2016

Acceptance date: 04/09/2015

Date deposited: 12/09/2016

ISSN (print): 0021-9460

Publisher: Sweet & Maxwell


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