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Money Had And Received
An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as ''indebitatus assumpsit''. The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration. The action was a personal action only available in respect of money, rather than other benefits. Where the benefit received by the defendant was services or goods, the appropriate action was a ''quantum meruit'' or a ''quantum valebant'', respectively. The action for money had and received formed a part of the law of quasi-contract. Although the forms of action were abolished in the mid-19th century, reference continues to be made to the action in modern pleading.Cf. Graham Virgo, ''The Principles of the Law of Restitution'' (3rd ed, 2015). The terminology of "quasi-contract" has been repla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sinclair V Brougham
''Sinclair v Brougham'' 914AC 398 is an English trusts law case, concerning the right of depositors to recover sums which were deposited (or loaned) to a building society under contracts of deposit which were beyond the powers of (''ultra vires'') the building society. Facts The Birkbeck Permanent Benefit Society was formed under the Building Societies Act 1836, but was never registered under the Building Societies Act 1874. Under rule 35 of the Society’s constitution it was allowed to borrow money. Rule 97 said that losses should be shared among the two classes of shareholders in different proportions. From the start it developed a banking business, the Birkbeck Bank, but this was wound up in 1911. The four groups of creditors were (1) A shareholders who would be repaid on maturity, (2) B shareholders who had permanent shares (3) trade creditors and (4) depositors. The trade creditors and the A shareholders had their claims settled by an agreement. The liquidator brought a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to ''pay'' the claimant for their loss. Evolving Meaning ''American Jurisprudence'' 2d edition notes: Legal vs Equitable Remedy Restitution may be either a legal remedy or an equitable remedy, "depend ngupon the basis for the plaintiff's claim and the nature of the underlying remedies sought". Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien. Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for example ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philip Collins Ltd V Davis
''Philip Collins Ltd v Davis'' 0003 All ER 808 is an English unjust enrichment case, an example of a restitution claim and the change of position defence. Facts Phil Collins released '' Serious Hits… Live!'' with 15 tracks in 1990. Rahmlee Davis and Louis Satterfield contributed performances on five tracks and received album royalties via Collins' publishing company ''Philip Collins Ltd''. In 1997, Collins said they had been mistakenly overpaid by a factor of three. They had been paid as if they had performed on all fifteen tracks, but they had only performed on five. To reverse this alleged unjust enrichment, Collins proposed to set off the overpaid royalties on future royalties. Davis and Satterfield argued back they were entitled to royalties without the pro rata reduction, and raised both estoppel and change of position defences. Judgment Jonathan Parker J held Collins had overpaid Davis and Satterfield and he was entitled to set future royalties off against half of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Westdeutsche Landesbank Girozentrale V Islington LBC
is a leading English trusts law case concerning the circumstances under which a resulting trust arises. It held that such a trust must be intended, or must be able to be presumed to have been intended. In the view of the majority of the House of Lords, presumed intention to reflect what is conscionable underlies all resulting and constructive trusts. The decision was arguably the most significant of all of the local authorities swaps litigation cases. Facts The Westdeutsche Landesbank Girozentrale sued Islington LBC for the return of £1,145,525, which included compound interest, as money that it had paid under an interest rate swap agreement with the council. Interest rate swap agreements had been declared by the House of Lords, a few years earlier in ''Hazell v Hammersmith and Fulham LBC'', to be ''ultra vires'' and void because they exceeded councils' borrowing powers under the Local Government Act 1972. The council accepted that it should repay the money it had received u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baltic Shipping Company V Dillon
''Baltic Shipping Company v Dillon'', the Mikhail Lermontov case, is a leading Australian contract law case, on the incorporation of exclusion clauses and damages for breach of contract or restitution for unjust enrichment. Facts A widow, Mrs Joan Dillon, bought a cruise from a charterer's travel brochure on the cruise ship (named after the Russian poet, Mikhail Yuryevich Lermontov). She paid a deposit and on 6 December 1985 received a booking form that said the ticket would be issued subject to conditions. On 24 January 1986 she received the ticket, which limited liability for personal injury. The ship sank. Mrs Dillon was injured and lost some valuables. She was sent a loss form without reference to personal injuries. The company offered her an ''ex gratia'' sum to settle if she signed a release form. She accepted and signed. In 1987 the insurance company and Mrs Dillon sued to recover damages for personal injury and other losses. Judgment Trial court Carruthers J awarde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lipkin Gorman V Karpnale Ltd
is a foundational English unjust enrichment case. The House of Lords unanimously established that the basis of an action for money had and received is the principle of unjust enrichment, and that an award of restitution is subject to a defence of change of position. This secured unjust enrichment as the third pillar in English law of the law of obligations, along with contract and tort. It has been called a landmark decision. Although the case is most famous for the transformative judgment handed down by the House of Lords in relation to restitution and unjust enrichment, the decision of the Court of Appeal is also an important banking law decision in its own right, setting out key principles relating to the duty of care owed by bankers to their customers. There was no appeal against that part of the decision to the House of Lords. Facts Norman Barry Cass was a partner in a solicitors' firm called Lipkin Gorman. He was an authorised signatory at the firm’s Lloyds Bank acc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jackson V Horizon Holidays Ltd
''Jackson v Horizon Holidays Ltd'' [1975] 1 WLR 1468 is an English contract law case, concerning the doctrine of Privity in English law, Privity. The case would now be partly resolved by the Contracts (Rights of Third Parties) Act 1999 section 1(1)(b), allowing a third party to claim independently. Some of the reasoning of Lord Denning MR was disapproved in ''Woodar Investment Development Ltd v Wimpey Construction UK Ltd'',[1980] 1 WLR 277 which held that the decision is limited to a confined category of cases involving consumers. Facts Mr Jackson got a holiday through Horizon Holidays Ltd to the Brown Beach Hotel, Hendala Point, in Ceylon (now Sri Lanka) for himself and his family. He paid £1200. When they arrived, the facilities were substandard, and not at all as promised. As Lord Denning MR recounted, The judge followed ''Jarvis v Swans Tours Ltd'' and awarded damages of £1100 for distress. The defendant appealed against the damages awarded to Mr Jackson's wife and childr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kershaw V Kirkpatrick
Kershaw is an English-language surname deriving from a topographical identifier in the northern dialect of Middle English: ''kirk'' meaning "church" and ''shaw'' meaning "grove". Places named Kirkshaw include Kirkshaw in the parish of Rochdale, Greater Manchester, and two hamlets in West Yorkshire. The Kershaw (anciently spelled "Kyrkeshagh") family resided at Town House, Rochdale from the Middle Ages until the early modern period. Notable people with the name include: * Alex Kershaw (born 1966), American Historian * Abbey Lee Kershaw (born 1987), Australian fashion model * Andy Kershaw (born 1959), British radio DJ * Anthony Kershaw (1915–2008), British Conservative Party Member of Parliament 1955 to 1987 * Betty Kershaw (born 1943), British professor of nursing * Billy Kershaw, rugby league footballer who played in the 2000s * Bob Kershaw (died 1998), South African fighter pilot in World War II * Cecil Kershaw (1895–1972), British fencer and rugby union footballer dur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Form Of Action
The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery (or file a bill) which would set in motion a series of events eventually leading to a trial in one of the medieval common law courts. Each writ entailed a different set of procedures and remedies which together amounted to the "form of action". The forms of action were abolished during the 19th century, but they have left an indelible mark on the law. In the early Middle Ages, the focus was on the procedure that was employed to bring one's claim to the royal courts of King's Bench or Common Pleas: it was the ''form'' of one's action, not its substance, which occupied legal discussion. This restrictive approach is one of the reasons which attracted litigants to petition the King directly, which eventually led to the development of a separate court known as the Court of Chanc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bingham V
Bingham may refer to: Places United Kingdom * Bingham, Nottinghamshire, a town in England * Bingham (wapentake), an historic district of Nottinghamshire, England * Bingham, Edinburgh, a suburb in Scotland United States * Bingham, Georgia * Bingham County, Idaho * Bingham, Illinois * Bingham, Maine, a town ** Bingham (CDP), Maine, a census-designated place * Bingham Township, Clinton County, Michigan * Bingham Township, Huron County, Michigan * Bingham Township, Leelanau County, Michigan * Bingham, Nebraska * Bingham Township, Potter County, Pennsylvania * Bingham, South Carolina * Bingham, Utah ** Bingham Canyon, Utah *** Bingham Canyon Mine * Bingham, West Virginia Elsewhere * Bingham (crater), on the Moon * Bingham Glacier, Antarctica * Bingham Peak, Antarctica Other uses * Bingham (surname) * Bingham McCutchen, a former law firm * Bingham plastic, a non-Newtonian material See also * Binghamton (other) Binghamton is a city in the U.S. state of New York. Binghamton m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": ''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''. The law of unjust enrichment is closely related to, but not co-extensive with, the law of restitution. The law of restitution is the law of gain-based recovery. It is wider than the law of unjust enrichment. Restitution for unjust enrichment is a subset of the law of restitution in the same way that compensation for breach of contract is a subset of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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