{"id":9716,"date":"2017-11-27T02:29:39","date_gmt":"2017-11-27T02:29:39","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=9716"},"modified":"2017-12-19T00:34:01","modified_gmt":"2017-12-19T00:34:01","slug":"actions-to-recover-money-wrongfully-paid","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=9716","title":{"rendered":"Actions to Recover Money Wrongfully Paid"},"content":{"rendered":"

action for money had and received<\/span>:<\/strong><\/span>
\n(18c)<\/span><\/p>\n

1. At common law, an action by which the plaintiff could recover money paid to the defendant, the money usually being recoverable because<\/span><\/strong><\/p>\n

(1) the money had been paid by\u00a0<\/span><\/strong>mistake or under compulsion, or<\/strong>
\n(2) the consideration was insufficient.<\/strong> [1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Robert Goff & Gareth Jones’\u00a0The Law of Restitution<\/em><\/a>\u00a0(3d 6 . 6):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe action for money had and received lay to recover money which the plaintiff had paid to the defendant, on the ground that it had been paid under a mistake or compulsion, or for a consideration which had wholly failed. By this action the plaintiff could also recover money which the defendant had received from a third party, as when he was accountable or had attorned to the plaintiff in reSpect of the money, or the money formed part of the fruits of an office of the plaintiff which the defendant had usurped.<\/span>\u201d<\/strong> [2]<\/span><\/p>\n

action for money paid<\/span>:<\/span><\/strong>
\n(18c)<\/span><\/p>\n

1. At common law<\/a>, an action by which the plaintiff could recover money paid to a third party\u00a0\u2014 not to the defendant\u00a0\u2014 in circumstances in which the defendant had benefitted.\u00a0<\/span><\/strong>[1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u00a0 \u00a0 \u00a0Excerpt from Robert Goff & Gareth Jones’\u00a0The Law of Restitution<\/em><\/a>\u00a0(3d 6 . 6):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe action for money paid<\/em> was the appropriate action when the plaintiff\u2019s claim was in respect of money paid, not to the defendant, but to a third party, from which the defendant had derived a benefit.\u00a0 Historically, the plaintiff had to show that the payment was made at the defendant\u2019s request; but we shall see that the law was prepared to \u2018imply\u2019 such a request on certain occasions, in particular where the payment was made under compulsion of law or, in limited circumstances, in the course of intervention in an emergency on the defendant\u2019s behalf, which in this book we shall call necessitous intervention.<\/span>\u201d<\/strong> [2]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0Robert Goff & Gareth Jones, The Law of Restitution<\/em><\/a> 3 (3d 6 . 6).<\/strong><\/span><\/p>\n

To be Added:<\/span><\/strong><\/span><\/p>\n

[2]:\u00a0\u00a0Ballantine’s Law Dictionary <\/a><\/span>Legal Assistant Edition<\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[3]:\u00a0Ballantine\u2019s Law Dictionary\u00a0with Pronunciations
\n<\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/strong><\/span><\/p>\n

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