Avoiding unjust enrichment’s perils

“… an Aristotelian conception of justice”

Advertisements

New Zealand courts have long looked askance at claims of unjust enrichment, doubting such claims constituted causes of action in their own right (Real Cool Holdings Ltd v Northpower Ltd [2012] NZHC 1604 at [38]), and conscious of “the perils that might be thought inherent” in their reliance on perceptions of what was ‘just’ between the parties (Marlborough District Council v Altimarloch Joint Venture Ltd [2012] NZSC 11, [2012] 2 NZLR 726 at [140]). Continue reading “Avoiding unjust enrichment’s perils”

W(h)ither privacy?

Social media takes its toll

A result remains awaited from the UKSC’s urgent hearing last Thursday of an appeal against the EWCA’s reversal the previous Monday (PJS v News Group Newspapers Ltd [2016] EWCA Civ 393) of the interim injunction it granted to PJS in January 2016 ([2016] EWCA Civ 100). At issue was NGN’s intention to publish an account of PJS’s extramarital sexual activities. Continue reading “W(h)ither privacy?”

Living a life vicarious – on the move and yet to stop

Vicarious liability extends beyond employment relationships

Two recent United Kingdom Supreme Court judgments – Cox v Ministry of Justice [2016] UKSC 10, and Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 – illustrate vicarious liability may be developing to offer plaintiffs significant opportunities in defendant shopping, to increase insurers’ exposure to claims for such liability, and to give businesses added caution in dealing with customers and clients. Continue reading “Living a life vicarious – on the move and yet to stop”