Separating unjust enrichment and subrogation

Abstract

One prominent theory, reflected in a trio of important cases, suggests that subrogation can be a function of unjust enrichment. But that explanation produces conceptual difficulties. It also creates incoherence in the law of unjust enrichment by permitting indirect enrichment and proprietary remedies. An alternative explanation for subrogation is needed. Instead, what we see in that trio of cases, is the equitable remedy of specific performance – but in a multi-party situation.