The law of restitution for unjust enrichment in India

Abstract

The law of restitution for unjust enrichment is among the most debated private law topics today. It has been invoked to justify the right to restitution in cases which fall outside the scope of contract law. Despite being well developed in many common law countries, and a part of this area of law being codified in the Indian Contract Act 1872, ss 68–72, courts in India have applied the principle of restitution for unjust enrichment inconsistently and in conflict with codified law. This paper gives clarity on this position and proposes to fill the academic vacuum in this regard.