... lost cause and the best cause of action is to give up and in doing so suggest that some form of 'pure' discretion is the only way forward. The last alternative, to give up and suggest that the events are impossible to classify cannot be taken. This is because we are considering property rights said to arise by operation of law. This suggests some 'automatic' nature, rules defined in advance. If the situations that 'trigger' this operation of law are incapable of classification, then such automatic operation is necessarily impossible because it is impossible to know what situations the rights arise in if we cannot describe them sufficiently to classify them. So we proceed on the assumption that some classification is possible, but that there may be problems with the orthodox classification suggested by Professor Birks1. This is a division between wrongs, unjust enrichment and a residual category of 'other events'. ...

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