COMM 393 Chapter Notes -Punitive Damages, Remittance, Unconscionability
Document Summary
A third party to this action, centennial management ltd. , maintained a debt obligation outstanding with the defendant that had yet to be repaid. The reason that this offer was made was in large part due to the closeness of universal and centennial, with the owners of both firms being from the same family. The defendant declined to accept this offer, and continued to hold centennial"s debts on its ledger without conducting any business with the plaintiff. By mistake, the plaintiff sent a cheque to the defendant meant for another firm, The defendant"s accountants immediately applied the funds to the credit of centennial"s account (which at that time stood at ,154. 46) for which they assumed the funds were meant for. When the plaintiff firm informed copeland that the funds were sent in error, copeland refused to repay the funds to universal.