Restitution: Difference between revisions
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{{a|glossary|}} | {{a|glossary|}}{{restitution capsule}}[[Restitution]] — a.k.a [[unjust enrichment]], or [[money had and received]] — is a claim made feasible through an imaginative synthesis of long-“forgotten” rules of the [[common law]], dreamt up by Lord Goff<ref>See, particularly, {{casenote|Lipkin Gorman|Karpnale Ltd}}</ref> to bring justice to [[little old ladies]], [[welsh hoteliers]] and others dealt a short hand by the cosmic game. | ||
Known | Difficult cases involving such unfortunates (and the odd gambling-addict conveyancer) gave rise to an entire branch of civil law known as [[restitution]], which sits uneasily between the [[common law]] of [[contract]] and [[tort]], seeming as it does to confuse the two, and the [[law of equity]]. | ||
Known also as [[money had and received]] and [[unjust enrichment]], in any case it is not to be confused with [[unjustified enrichment|''unjustified'' enrichment]], which is the [[compensation]] plan for those who make it to the [[C-suite]]. | |||
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Revision as of 13:55, 14 October 2020
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Restitution — a.k.a unjust enrichment, or money had and received — is a claim made feasible through an imaginative synthesis of long-“forgotten” rules[1] of the common law, dreamt up by Lord Goff[2] to bring justice to little old ladies, welsh hoteliers and others — not, apparently, including financial services conglomerates — who have been dealt a short hand by the cosmic game.
Difficult cases involving such unfortunates (and the odd gambling-addict conveyancer) gave rise to an entire branch of civil law known as restitution, a common lawyer’s duck-billed platypus: an ancient civil action, latterly back in fashion, that sounds neither in contract — there is none — or tort — there has been none — but sits uneasily between them, in its own jurisprudential space, rather like our old friend Bob Cunis: neither one thing nor the other; a sort of law of equity for people who don’t like the law of equity or the floppiness and uncertainty it tends to bring.Restitution — a.k.a unjust enrichment, or money had and received — is a claim made feasible through an imaginative synthesis of long-“forgotten” rules of the common law, dreamt up by Lord Goff[3] to bring justice to little old ladies, welsh hoteliers and others dealt a short hand by the cosmic game.
Difficult cases involving such unfortunates (and the odd gambling-addict conveyancer) gave rise to an entire branch of civil law known as restitution, which sits uneasily between the common law of contract and tort, seeming as it does to confuse the two, and the law of equity.
Known also as money had and received and unjust enrichment, in any case it is not to be confused with unjustified enrichment, which is the compensation plan for those who make it to the C-suite.
See also
References
- ↑ “Indebitatus assumpsit”, for example.
- ↑ See, particularly, Lipkin Gorman v Karpnale Ltd and Barclays Bank Ltd v WJ Simms
- ↑ See, particularly, Lipkin Gorman v Karpnale Ltd