UNJUST ENRICHMENT IN THE CANADIAN COMMON LAW AND IN QUEBEC LAW: FRUSTRATION OF CONTRACT

Abstract

This article discusses the doctrine of unjust enrichment generally and frustration of contracts more specifically. The author reviews the doctrine’s roots in Roman history, its development in the common law and Quebec law and the case law and literature on conflict of laws relating to unjust enrichment. He moves into consideration of frustrated contracts to show how the doctrine has developed in the common law and could benefit from further definition in Quebec. Finally, he applies the doctrine to leases and commercial contracts in order to highlight the problems associated with its application to leases.