Critically Analyze the Theory of Interceptive Subtraction

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Critically Analyze the Theory of Interceptive Subtraction Abstract: Birks set out a theory of interceptive subtraction to analyze those cases that the defendant has enriched from the third party at the plaintiff’s expense. He explains that, the plaintiff would certainly receive the benefit from the third party, had the defendant not intervened. However, this certainty could be argued simply because it is very hard to prove. Moreover, the necessary of the theory is in question as well, since the restitutionary claims could be analyzed by investigated the relationships among the three parties. KEY WORDS: INTERCEPTIVE SUBTRACTION RESTITUTION AT THE PLAITIFF’S EXPENSE According to traditional concept, the plaintiff should prove how the defendant has been enriched as well as the unjust enrichment is at the expense of the plaintiff in the situation of that the plaintiff sues the defendant for restitution. This required the plaintiff to establish a connection between the receipt of enrichment by the defendant and the loss of the plaintiff so as to justify the plaintiff’s claim against the defendant. General speaking, if the defendant got an asset from the plaintiff by mistake, £100 for example, it is obvious that the £100 enrichment is at the expense of the plaintiff because he got that amount of money from the plaintiff directly. What’s more, the sum that the defendant has been enriched is equal to the plaintiff’s lost, which means the plaintiff must be have impoverished by £100 due to the defendant’s subtraction. The subtraction is a so-called the zero-sum game. The situation described above is the easiest pattern of establishing a legal action of restitution. The status quo, however, is not as simple as that. Sometimes it is obvious that the defendant has been enriched, but it is not so obvious that this has

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