Irrtum und Zweckverfehlung

The English law of unjustified enrichment, called the 'law of restitution,' is currently at a major stage in its development. In this book, Sonja Meier discusses the important changes it has undergone in the last decade. Unlike civil law, which requires a 'legal ground' (causa), in English law an action for restitution requires a so-called 'unjust factor', such as a mistake or a failure of consideration. Comparing this approach with German law, the author asks whether this system is working satisfactorily and whether English law is tending towards the civil law systems. She gives a detailed analysis of case law and legal literature on mistakes of law and fact, ultra vires, and on failure of consideration and void contracts, in particular the current Swap cases.