Unjust Enrichment in the Age of Digital Transactions

Abstract

The rapid transformation of commercial activity through digital platforms, automated payment systems, and decentralised technologies has placed traditional unjust enrichment doctrine under significant pressure. This article examines whether the foundational principles of unjust enrichment are sufficiently robust to address enrichment arising in digital environments, including mistaken electronic transfers, cryptocurrency payments, and platform-mediated transactions. Particular attention is paid to the identification of enrichment and its attribution in contexts where value is transferred instantaneously and often without direct human intervention. The article critically analyses the continuing relevance of unjust factors such as mistake and failure of basis, as well as the operation of defences such as change of position in fast-moving digital systems. Drawing on recent case law and comparative perspectives from common law jurisdictions, the article argues that unjust enrichment remains conceptually capable of responding to digital phenomena, but only if courts adopt a principled and restrained approach. The risk of doctrinal distortion is highlighted, particularly where restitution is used to correct regulatory or technological failures better addressed through other legal mechanisms. The article concludes by proposing a framework for adapting unjust enrichment doctrine incrementally, ensuring responsiveness to technological change while preserving analytical coherence and legal certainty.