42627
| Question | Answer |
| nortwest securities ltd | nws selling car (hire purchase) to 3rd party. defenders bought it off them before instalments complete. statute deprived nws of rights. defenders liable for price of profit (as in jarvis) |
| barbour imposition | a went to america. left estate with a2. a2 gave deeds to b to secure debt. b sold these to c but got them back after imrovments done by c. a returned and reclaimed estate. no enrichment claim for b as badfaith |
| lord reid imposition PAO | 3 parties all owing former debt. middle man died. 3rd paid debt. first discharged of duty= enriched. liable to pay amount of the saving he had made |
| Toet taking | occupation of land without title. = liable for annual worth of land |
| Varney inequitable - statutory remedy availible would have resolved. | ineq. for builder to recover for work done instead of the local authority as 1) parties had been in dispute about liabiltiy to perform 2) builder had had a remedy available at the time (action for implement of statutory remedy) |
| Mcdowel imposition error- 3rd party owns | 99 year lease (invalid) of husbs estate to wife. when he died son owned it. held son was to reimburse the estate as represented by husbs wife. |
| Cantiere San Rocco; CCDCNS | wartime- contract frustrated supervening illegality. italians sought repayment- FAILED as it was not full advance payment as in watson but a payment on signing of contract only |
| JAMIESON COTVIC | turpitude on part of pursuer- joiner who had carried out work which required license (knowingly) tried to recover extra unpaid work- failed. |
| Hamilton | condictio indebti; when an error is shared by the transferee, the case for restoration is strengthened |
| Credit Lyonnais (paying the wrong person) | paid defender who had same name as other company in error- disco'd 11mths later- held; negligence on part of defenders- liable to repay |
| bank of newyork CI- paying the wrong person- transfer | paid company by accident- owed them anyway- company remitted only balance beyond debt- BNY claimed repayment of full; held to do this they would need t prove how they had come about the error and its excusability would be considered |
| British Transport Commission | contract which entitled pursuers to rebate which they weren't receiving; held they were entitled to amount of rebate |
| Woolwich CSC- likely to be succesful if in scotland | payments not made in error- there was debate about error of law= they were aware- but payment was demanded. english case BUT would have been a succesful CSC case in scotland |
| Scanlon (non liability errors) | wife pays installments towards hire purchase car- male partner was purchaser. she knew she wasnt liable under contract, but didnt know she would joint own =not error in liabilty= no recovery of payments from seller |
| Connelly | SHARES - after liquidation pursuer sought repayment of payment for shares- not given on grounds that he had received the purpose of the payment- courts reluctant to allow him to escape bad bargain. |
| Shilliday CCDCNS | held that pursuer was entitled to repetition of sums paid to D on basis of CCDCNS; marriage didnt take place; also entitled to recompense for what she had expended on tradesmen etc. |
| Shilliday on agreement | d knew of p's expenditure on house and that they had agreed it would be the mat. home.......held; no need for pursuer to point out any contract under which she paid he sums on the condition they married. |
| Satchwell ccdcns | ccdns was applied to reverse transfers between cohabiting couple who had no firm plans to marry. evidence= transfers made on basis that parties would continue to live/care |
| Morgan Guaranty | MG made payments to local authority - said contract was void- defender enriched and liable to repay |
| Watson Contract frustrated | CCDCNS- of payment made in advance of carriage of goods- ship sank- no fault of crew/captain- pursuer was entitled to repayment of the sum |
| Cuthbertson illegality in the contract or its performance means cannot lawfully sue on the contract | statute declared void contracts of sale using customary rather than imperial weights and measures- defender liable not for price of contract but value of tatties |
| pete walker and sons (edinburgh) ltd payment not due under contract | extra work auth'd by charge hand- no auth to do so; held; pursuers entitled to recover the payment made under the error that it was contractually due to LG |
| Quigley- No consensus in idem | pursuer removed silt from pond of pursuer and sought payment of sum for it - held that there was no contract as no CII |
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