''Kelly v Solari'' (1841) 9 M&W 54, 152 ER 24 is an early common law case, where the principle of unjust enrichment underpinned the decision of the court.

Facts

Mr. Solari died. His widow claimed under his life insurance policy as executrix. The insurers later found they were not in, fact, liable to pay because he had not paid a premium instalment. The policy had been marked lapsed, but the office had not checked.

Judgment

The Court of Exchequer held that the widow was bound to repay. Her lack of fault was irrelevant, or the insurers were careless. Parke B said if the money,

Rolfe B Robert Monsey Rolfe, 1st Baron Cranworth, PC (18 December 1790 – 26 July 1868) was a British lawyer and Liberal politician. He twice served as Lord High Chancellor of Great Britain. Background and education Born at Cranworth, Norfolk, he was ...

said to the fact that Mrs Solari was innocent ‘it cannot be otherwise than unconscientious to retain it.’ (i.e. the money).

Notes

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References

* 1841 in case law English unjust enrichment case law 1841 in England Court of Exchequer Chamber cases 1841 in British law