42695
| Question | Answer |
| transfer | benefit from conferral of property or money or performance of services |
| taking | use of anothers property money or rights for own benefit |
| imposition | improvement of another persons property or payment of their debt |
| incidental enrichment chance outcome of the pursuer’s expenditure. | act for own benefit = indecently confers benefit another = no relevant loss suffered = latter didnt cost extra £ exchange telegraph = ^ that applies |
| equity | the court may take account of, and balance, all factors effecting the relationship between the parties before deciding to order the restoration/payment of the enrichment |
| Findlay TAKING and transfer | ox case |
| Toet taking case | occupation with no title |
| earl of fife taking | defender possessed land under invalid lease- held to be enriched by this |
| shetland islands council taking unauth'd use of anothers property | failed negociataions after 10 years of defender using ground of council- BP held to be liable to the extent of the annual worth of the land |
| AG Barr | advertising board after lease expired- negotiations failed but defender continued to use 17th months after the expiry- liable for annual worth over period |
| BASIC REQUIRMENTS lord Rodger- Dollar Land Ltd | 1) enrichment 2) at anothers expense 3) the enrichment is unjustified 4) reversal must be equitable |
| Glen | father consented to sons lease of house without formal lease in place. he was liable to pay for the enrichment arising from occupation as no intneton for it to be gift. |
| Bennett taking | pursuer had not finalized contract for purchasing pub- but had began to pay rates etc in building. went abroad and on return it was leased to someone else- they had been paying rates by drawing cheques on his account but was liable to reimburse pursuer |
| Barbour Imposition - exception bad faith | pursuer had been given title deeds (but didnt own) for land. he improved it. real owner returned from america- reclaimed land. no recovery of expenditure on improvements by B |
| Newton imposition no need for apparent title | thought he owned wifes house- improved it - successfully recovered money as error was in good faith. |
| Cases from tutorial- should pay close attention to | Newton Jamieson Credit Lyonnais Peter Walker & Sons Satchwell Shilliday Watt |
Want to create your own Flashcards for free with GoConqr? Learn more.