학술논문

Law of Unjust Enrichment in India : Historical Evolution and Contemporary Challenges
Document Type
Chapter
Author
Source
Rethinking Unjust Enrichment : History, Sociology, Doctrine, and Theory, 2023.
Subject
unjust enrichment
India
Indian Contract Act
protracted litigation
breach of public trust
comparative discourse
statute law
common law
Company and Commercial Law
Language
English
Abstract
This chapter tackles the evolution of the law of unjust enrichment in India and elaborates on its salient doctrinal features. It discusses the statutory provisions on unjust enrichment in the Indian Contract Act, considers the relevant case law, and maps the departure of the Indian law from the nineteenth-century English common law. It also contemplates the relevancy of the unjust enrichment doctrine for such themes in Indian law as protracted litigation and breach of public trust. Finally, the chapter considers the current salient features of unjust enrichment law in India in the light of the relevant domestic and international contexts, and identifies some of the major issues of concern in the current state of the law that need further deliberation.

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