in Elise Bant, Kit Barker, Simone Degeling (eds), Research Handbook on Unjust Enrichment and Restitution (Edward Elgar, July 2020), Chapter 7
Summary: The proper relationship between unjust enrichment and equity has long been the subject of spirited debates. At the theoretical level, there is debate as to whether the idea of conscience is better than unjust enrichment in explaining and categorising instances of restitutionary liability previously available under quasi-contract. At the doctrinal level, it has been argued that the equitable doctrines of knowing receipt and undue influence are better classified as claims to reverse unjust enrichment. Furthermore, where both common law and equitable rules are applicable to a claim in unjust enrichment, there are calls to assimilate the rules to achieve coherence and consistency. The present chapter explores all these issues.