Especially in cases where somebody has received a benefit at the expense of another party without the latter having suffered, or being able to prove, damage, we can see that the law of damages with its focus on compensation does not offer sufficient protection to the owner who is entitled to use, exercise or exploit his rights undisturbed. Extending the scope of the law of damages by creating obligations to surrender the benefit under the heading of the law of damages would lead to results that can classified as fictions or that may lead to a departure from the compensation character of the law of damages. In this context, the institute of unjust enrichment may, at times, offer a way out. The author examines this question, and its dogmatic implications, from the point of view of Dutch, English, French and German law.
European Review of Private Law