LAWS 2202 Lecture Notes - Lecture 8: Fide, Natural Justice, Specific Performance
22 Apr 2016
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Document Summary
Unjust enrichment: a legal concept referring to situations in which one person is enriched at the expense of another in circumstances which the law treats as unjust. Remedy of unjust enrichments prevents the defendant from retaining money derived from another which is against conscience that the defendant should keep. Remedy is neither in contract nor in tort but a third category of common law. The cause of action depends on ties of natural justice and equity (as opposed to contracts). Moses v. mcpherlan 1760 ukkb 1: facts the plaintiff owed the defendant and did not pay him. At arbitration a settlement was reached where the plaintiff would pay and endorse the four promissory notes he had received from jacob. The plaintiff endorsed the notes to the defendant, thus transferring over rights to the money. Prior to the endorsement, defendant assured the plaintiff that he would not seek to get he value of the notes from him.
