Property and unjust enrichment in triangular situations with a focus on Lipkin Gorman (a firm) v. Karpnale Ltd. from a German perspective

This thesis concentrates on the relationship between property law and unjust enrichment law in triangular situations. It fleshes out a normative understanding of enrichment as opposed to a value-driven understanding. It highlights the differences between the English unjust factor approach and the German causa approach. The thesis points out how property law can be organized as a technical framework to be used for the establishment of guidelines governing the denial or approval of direct claims against remote recipients. It applies these considerations to the House of Lords decision in Lipkin Gorman v. Karpnale. It analyses the strength of the proprietary and the factual argument which could support the holding in Lipkin Gorman v. Karpnale, and dismisses both arguments as insufficient. The thesis comes to the conclusion that the holding in Lipkin Gorman v. Karpnale is hardly defensible.