La notion d'enrichissement sans cause en droit administratif québécois
Bibliographic record
Abstract
The problem of unjust enrichment has often been raised in recent years with reference to litigation concerning contracts with public authorities. Many times, parties to such contracts have invoked this principle to obtain compensation for services provided under contracts later declared irregular or void. The courts have then attempted to apply in the context of administrative law the conditions laid down by civil law doctrine for unjust enrichment. The transposition to administrative law of the civil concept of unjust enrichment does not, however, appear to have been adequate. To begin with, the principle of unjust enrichment is difficult to dissociate from the quasi-contract of negotiorum gestio in administrative law. Further, the material and legal conditions of unjust enrichment cannot be applied as a whole to administrative law. In this field, unjust enrichment appears as a true quasi-contract in the sense that it requires the assent of the person enriched. Furthermore, the enrichment must have resulted in a real benefit in the general interest of the administration. These special conditions require a different approach toward the notion of unjust enrichment in administrative law. This approach may be elaborated from the Common Law notion of quantum meruit or from the theory of unjust enrichment in French administrative law. A new concept of unjust enrichment in Quebec administrative law would lead to finding, in the field of quasi-contracts, a solution which would provide for the protection of both public finances and the individual interests of co-contractants.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.003 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.008 | 0.025 |
| Scholarly communication | 0.011 | 0.003 |
| Open science | 0.001 | 0.002 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.007 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".