QUESTION 1 Discuss the general requirement that the defendant’s enrichment must have been at the expense of the plaintiff. Refer in your answer to case law. (15) In legal terms, the requirement that the defendant's enrichment must have been at the expense of the plaintiff is...
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QUESTION 1 Discuss the general requirement that the defendant’s
enrichment must have been at the expense of the plaintiff. Refer in
your answer to case law. (15)
In legal terms, the requirement that the defendant's enrichment must
have been at the expense of the plaintiff is often associated with the
principle of unjust enrichment. This principle is based on the idea that it
would be unfair for one party to be enriched at the expense of another
without legal justification.
One notable case that illustrates this principle is Twinsectra Ltd v
Yardley [2002] UKHL 12. In this case, Lord Hoffmann outlined the
elements of unjust enrichment, including the requirement that the
defendant's enrichment must have been at the expense of the plaintiff.
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