What is the test for the absence of juristic reason for enrichment?
British Columbia, Canada
The following excerpt is from BMF Trading v. Abraxis Holdings Ltd., 2002 BCSC 590 (CanLII):
In Peter v. Beblow, McLachlin J. discussed the considerations necessary to determine the absence of a juristic reason for the enrichment. She said (at para. 8), It is in connection with the third element – absence of juristic reason for the enrichment – that such considerations may more properly find their place. It is at this stage that the court must consider whether the enrichment and detriment, morally neutral in themselves, are “unjust”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether there has been a juristic reason for enrichment in a common law relationship? (British Columbia, Canada)
What is the test for a juristic reason in a claim for wrongful enrichment? (British Columbia, Canada)
Is there a juristic reason for the enrichment received by D.A. as a result of his employment benefits? (British Columbia, Canada)
Can a contract be used as a juristic reason for enrichment? (British Columbia, Canada)
If there is enrichment and a corresponding deprivation, does the court have to determine whether there was a juristic reason? (British Columbia, Canada)
What is a "juristic reason" for the enrichment of a property? (British Columbia, Canada)
What is the test for the absence of a juristic reason in a family law case? (British Columbia, Canada)
Can a contract be used as a juristic reason sufficient to defeat a claim of unjust enrichment? (British Columbia, Canada)
What are the reasons given in reasons delivered in a civil case? (British Columbia, Canada)
Is there any juristic reason for deprivation? (British Columbia, Canada)
