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 omniprese ...

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 i ...

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 The terminology of "quasi-contract" has been replaced by the more modern terminology of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 re ...

in most common law jurisdictions.

Case law

*'' Bingham v. Cabot'' 3 U.S. 19 (Dall.) (1795) *'' Kershaw v Kirkpatrick'' 878UKPC 4 *'' Sinclair v Brougham'' 914AC 398 *'' Jackson v Horizon Holidays Ltd'' 9751 WLR 1468 *'' Lipkin Gorman v Karpnale Ltd''

991 Year 991 ( 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 Truce of God, between Æthelred the Unready and Richard I of ...

2 AC 548 *'' The Mikhail Lermontov''

990 Year 990 ( CMXC) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Al-Mansur, ''de facto'' ruler of Al-Andalus, conquers the Castle of Montemor-o-Velho (mode ...

1 Lloyd's Rep 579 *'' Westdeutsche Landesbank Girozentrale v Islington LBC''

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 Emp ...

UKHL 12 *'' Philip Collins Ltd v Davis'' 0003 All ER 808

Notes

{{Reflist, 2 English trusts law Unjust enrichment

Case law

See also

Notes