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Record W2268936173

Demystifying Juristic Reasons

2008· article· en· W2268936173 on OpenAlexaffabout
Lionel Smith

Bibliographic record

Venuenot available
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsMcGill University
Fundersnot available
KeywordsUnjust enrichmentMistakeObligationPlaintiffLawSupreme courtPolitical scienceLaw and economicsRestitutionSociology
DOInot available

Abstract

fetched live from OpenAlex

In a 2004 decision, the Supreme Court of Canada restated the law of unjust enrichment as it exists in the common law provinces of Canada. Unjust enrichment is said to arise where there is 'no juristic reason' for the defendant's enrichment and the plaintiff's corresponding deprivation. This appears to mark a movement away from the traditional common law approach, which answers the question whether an enrichment is unjust by reference to primary facts such as mistake, compulsion or undue influence. The new Canadian approach appears to bear some similarity to civilian legal systems, which may frame the inquiry according to whether the enrichment was supported by some legal justification, such as a contractual or other obligation. Through a comparative approach, the author shows that no legal system is actually thoroughly committed to an analysis of this kind; when deciding whether an enrichment is unjust, all systems look sometimes to the primary facts, and sometimes to justification through legal constructs like contracts. The author shows that if the new Canadian approach is to be made workable, it will require further elaboration in a number of directions.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.981
Threshold uncertainty score0.608

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.082
GPT teacher head0.348
Teacher spread0.266 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

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".

Quick stats

Citations4
Published2008
Admission routes2
Has abstractyes

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