An action for money had and received to the plaintiff's use is the name for a

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 omnipresen ...

claim derived from the

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 ...

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 ''Quantum meruit'' is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services". In the United States, the elements of ''quantum meruit'' are determined by ...

'' or a ''

quantum valebant ''Quantum valebant'' is a Latin phrase meaning "as much as they were worth". It is sometimes used in its singular form, ''quantum valebat'', meaning “as much as it was worth". It is a common count at law very similar to ''quantum meruit''. The t ...

'', 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 The terminology of "quasi-contract" has been replaced by the more modern terminology of

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 res ...

in most common law jurisdictions.

Case law

*'' Bingham v. Cabot'' 3 U.S. 19 (Dall.) (1795) *'' Kershaw v Kirkpatrick''

878 __NOTOC__ Year 878 (Roman numerals, DCCCLXXVIII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Britain * January 6 – King Alfred the Great is surprised by a ...

UKPC 4 *''

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' ...

914 __NOTOC__ Year 914 ( CMXIV) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Spring – Empress Zoe Karbonopsina leads a palace coup at Constantino ...

AC 398 *''

Jackson v Horizon Holidays Ltd ''Jackson v Horizon Holidays Ltd''

975 Year 975 (Roman numerals, CMLXXV) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine wars#Byzantine resurgence, 863–11th century, A ...

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 WLR 1468 *''

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 ...

991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between ...

2 AC 548 *'' The Mikhail Lermontov'' 9901 Lloyd's Rep 579 *''

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 o ...

996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...

UKHL 12 *'' Philip Collins Ltd v Davis''

000 Triple zero, Triple Zero, Zero Zero Zero, Triple 0, Triple-0, 000, or 0-0-0 may refer to: * 000 (emergency telephone number), the Australian emergency telephone number * "Triple Zero", a song by AFI (band), AFI from ''Shut Your Mouth and Open Your ...

3 All ER 808

Notes

{{Reflist, 2 English trusts law Unjust enrichment

Case law

See also

Notes