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McDonald V Coys Of Kensington (Sales) Ltd
''McDonald v Coys of Kensington (Sales) Ltd'' 004EWCA Civ 47is an English unjust enrichment law case, concerning the nature of an enrichment. Facts Coys of Kensington, an auctioneer, had sold a Mercedes 280 SL to Mr McDonald for £20,290. However, Coys mistakenly included the personalised number plate (TAC 1). This alone was worth £15,000. Mr McDonald became statutorily entitled to it and he registered it in his name. Coys compensated the car’s former owners with £13,608, Mr and Mrs Cressman, who were executors for the late Mr T A Cressman for the loss of the numberplate. Coys then sought a 100% contribution from Mr McDonald plus the remaining £1392 as assignees of the Cressmans’ cause of action.See A Burrows, E McKendrick and J Edelman, ''Cases and Materials on Restitution'' (OUP 2006) 77 Judgment Mance LJ held that the full £15,000 could be recovered from Mr McDonald. He was unjustly enriched, and it was not important that this was connected to the statutory scheme fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goff & Jones
''Goff and Jones on the Law of Unjust Enrichment'' (formerly ''Goff and Jones on the Law of Restitution'', usually simply abbreviated to ''Goff & Jones'') is the leading authoritative English law textbook on restitution and unjust enrichment. First written by Robert Goff and Gareth Jones, it is presently in its tenth edition. It is published by Sweet & Maxwell and forms part of the Common Law Library. As a textbook it is somewhat remarkable in that although the first edition was published in 1966, it was not until 1991 (25 years later) that the House of Lords formally recognised unjust enrichment as a separate branch of jurisprudence. It is notable that a number of the key decisions in the field have been handed down by Lord Goff, and often reflect the analysis which has previously expressed academically in ''Goff & Jones''. For example, Goff's judgment in '' Barclays Bank Ltd v W J Simms, Son and Cooke (Southern) Ltd'' 9801 QB 677 was described as "the '' Donoghue v Ste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Professor Birks
Peter Brian Herrenden Birks (3 October 1941 – 6 July 2004) was the Regius Professor of Civil Law at the University of Oxford from 1989 until his death. He also became a Fellow of the British Academy in 1989, and an honorary Queen's counsel in 1995. He was a Fellow of All Souls College, Oxford. He is widely credited as having sparked academic enthusiasm for the English law of Restitution, and is often considered to have been one of the greatest English legal scholars of the 20th century. In his obituary, he was described as "a key figure in the extraordinary development of the law of restitution in the last 45 years". Career Birks was educated at Chislehurst and Sidcup Grammar School, went up to Trinity College, Oxford and subsequently obtained a master of laws from University College London. Birks was also the first general editor of ''English Private Law'', a book which sought to summarise and rationalise the entire scope of English private law, in accordance with Bir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Professor Burrows
Andrew Stephen Burrows, Lord Burrows, (born 17 April 1957BURROWS, Prof. Andrew Stephen ''Who's Who 2015'', A & C Black, 2015; online edn, Oxford University Press, 2014) is a , Professor of the Law of England and senior research fellow at |
David Hirst (judge)
Sir David Cozens-Hardy Hirst (31 July 1925 – 31 December 2011) was an English barrister and judge who served as a Lord Justice of Appeal from 1992 to 1999. ''The Times'' described him as "one of the leading advocates of his generation". Early life Hirst was born in Meltham, the son of Thomas William Hirst and Margaret Joy ( Cozens-Hardy). His father was a cotton mill owner. His mother was a member of the Cozens-Hardy family of Norfolk; his maternal grandfather founded a firm of solicitors in Norwich, while his great-uncle was the politician and judge Herbert Cozens-Hardy, 1st Baron Cozens-Hardy, who served as Master of the Rolls from 1907 to 1918. He was educated at Packwood Haugh School and Eton College, where he was a King's Scholar. He was called up for war service in 1943 and joined the Royal Artillery, but because of training accident he never saw action. he was commissioned into the Intelligence Corps in 1945, and was posted to Singapore and then Burma before being d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sound In Damages
This page is a glossary of law. A * A fortiori. By a stronger reason. A term used in logic to denote an argument to the effect that because one ascertained fact exists, therefore another, which is included in it, and which is less improbable, unusual, or surprising, must also exist.Howell. Glossary of Legal Terms and Phrases. 1910p 1 *A mensa et thoro. From bed and board. Descriptive of a limited divorce or separation by judicial sentence. *A quo: from which. The Court a quo is the court from which a cause has been removed to a higher court, which latter is called the Court ad quem. *A vinculo matrimonii. (Lat. from the bond of matrimony) A term descriptive of a kind of divorce, which effects a complete dissolution of the marriage contract. *Abactor. ''l''. A cattle-stealer.Stimson. Glossary of Technical Terms, Phrases, and Maxims of the Common Law. 1881p 2 * Abandonment. Desertion; surrender; relinquishment of property; as when an insured person makes over his rights in the good ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unjust Enrichment Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2004 In Case Law
4 (four) is a number, numeral and digit. It is the natural number following 3 and preceding 5. It is the smallest semiprime and composite number, and is considered unlucky in many East Asian cultures. In mathematics Four is the smallest composite number, its proper divisors being and . Four is the sum and product of two with itself: 2 + 2 = 4 = 2 x 2, the only number b such that a + a = b = a x a, which also makes four the smallest squared prime number p^. In Knuth's up-arrow notation, , and so forth, for any number of up arrows. By consequence, four is the only square one more than a prime number, specifically three. The sum of the first four prime numbers two + three + five + seven is the only sum of four consecutive prime numbers that yields an odd prime number, seventeen, which is the fourth super-prime. Four lies between the first proper pair of twin primes, three and five, which are the first two Fermat primes, like seventeen, which is the third. On the other ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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