Applications of the CCDCNS

(1) general application: transfers for future purpose not involving contract- Shilliday
- In Shilliday Lord Rodger outlined CCDCNS covers situations where A is enriched because B has paid/tranferred to him in the expectation of receiving a consideration from A, but a does not provide.
- there is no requirment for a contract; mutual agreement- express/ implied from circumstances (shilliday/ satchwell apply)

(2) application to “advances” made in contractual context-

- situations in which an “advance” is paid to assist in the performance of a contract.
Distinguish an “advance” from a “payment” of the contract price:

An “advance” is a repayable transfer of funds

made as an “advance” before payment is due under the contract;

and is not payment of the contract price:lord dunedin in Cantiere San Rocco

	Creado por alicetait hace más de 13 años

Unjustified Enrichment Apunte sobre TRANSFER, creado por alicetait el 10/04/2013.