Exall V Partridge
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Exall V Partridge
''Exall v Partridge'' (1799) 101 ER 1405 is an English unjust enrichment law case, concerning enrichment through discharge of a debt, and the unjust factor of legal compulsion to give another a benefit. Facts Exall left his carriage on Partridge's land for repair. Partridge, a coachbuilder, was a co-tenant with the other defendants but the only one in occupation after having been assigned their interests. The rent was not paid and the landlord, Mr Welch seized Exall's carriage as distress, as was lawful. Exall paid the rent to recover the carriage and then sued Partridge and the other defendants to get his money back.See A Burrows, E McKendrick and J Edelman, ''Cases and Materials on Restitution (OUP 2006) 504 Judgment The Court of King's Bench held the money could be recovered. Lord Kenyon CJ gave the first speech. Grose J concurred. Lawrence J concurred. So did Le Blanc J. See also * English unjust enrichment law Notes {{reflist References * English unjust enrich ...
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English Unjust Enrichment Law
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust. The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been ''enriched''; # this enrichment is ''at the claimant's expense''; # this enrichment at the claimant's expense is ''unjus ...
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English Unjust Enrichment Case Law
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1799 In British Law
Events January–June * January 9 – British Prime Minister William Pitt the Younger introduces an income tax of two shillings to the pound, to raise funds for Great Britain's war effort in the French Revolutionary Wars. * January 17 – Maltese patriot Dun Mikiel Xerri, along with a number of other patriots, is executed. * January 21 – The Parthenopean Republic is established in Naples by French General Jean Étienne Championnet; King Ferdinand I of the Two Sicilies flees. * February 9 – Quasi-War: In the single-ship action of USS ''Constellation'' vs ''L'Insurgente'' in the Caribbean, the American ship is the victor. * February 28 – French Revolutionary Wars: Action of 28 February 1799 – British Royal Navy frigate HMS ''Sybille'' defeats the French frigate ''Forte'', off the mouth of the Hooghly River in the Bay of Bengal, but both captains are killed. * March 1 – Federalist James Ross becomes President pro tempore of the United States S ...
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1799 In Case Law
Events January–June * January 9 – British Prime Minister William Pitt the Younger introduces an income tax of two shillings to the pound, to raise funds for Great Britain's war effort in the French Revolutionary Wars. * January 17 – Maltese patriot Dun Mikiel Xerri, along with a number of other patriots, is executed. * January 21 – The Parthenopean Republic is established in Naples by French General Jean Étienne Championnet; King Ferdinand I of the Two Sicilies flees. * February 9 – Quasi-War: In the single-ship action of USS ''Constellation'' vs ''L'Insurgente'' in the Caribbean, the American ship is the victor. * February 28 – French Revolutionary Wars: Action of 28 February 1799 – British Royal Navy frigate HMS ''Sybille'' defeats the French frigate ''Forte'', off the mouth of the Hooghly River in the Bay of Bengal, but both captains are killed. * March 1 – Federalist James Ross becomes President pro tempore of the United States S ...
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