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United Kingdom Leading Case enrichment at the expense offailure of basis

Benedetti v Sawiris

[2013] UKSC 50
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2013
StatusBinding authority

Summary

Unjust enrichment is measured objectively at market value of the benefit conferred, not the subjective value to the recipient.

Key Principle

For unjust enrichment based on failure of consideration, the enrichment is valued objectively at the market value of the benefit conferred, not the subjective value to the recipient.

Area of Law

trusts

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Prenuptial agreements set aside for unconscionability and undue influence where inequality of bargaining power existed between the parties.

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A casino operator's mere knowledge of a patron's pathological gambling does not constitute unconscionable conduct absent deliberate exploitation of that special disadvantage.

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90

A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

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