blog
media download page
Essay / Eligibility for Restitution for Unjust Enrichment Claimant may be eligible for restitution of unjust enrichment as established in Banque Financière de la Cité v Parc (Battersea) Ltd. Change of position is one of the possible defenses that can be used in cases where it would be excessive to allow a plaintiff to seek restitution at the defendant's expense. This essay will evaluate the change of position defense and reinforce that it is largely ineffective in protecting a defendant from hardship. The purpose of restitution is to prevent unjust enrichment, and denying the change of position defense would contradict this fundamental principle. and function. The purpose of changing position is to balance the difficulties between the plaintiff and the defendant. For example, in the landmark case Lipkin Gorman v. Karpnale it is said that "if the plaintiff pays money to the defendant due to a mistake of fact and the defendant, acting in good faith, pays the money or part of it to charity, it is unjust to require restitution from the defendant to the extent that he has thereby changed his position. In such cases, Lord Goff said the change of position is a good defense when made in good faith. This solidified the status of stance switching as an accepted defense choice. Changing the position is not within the discretion of the court and there are guiding principles. However, in the Lipkin Gorman case, Lord Goff said that the evolution of the change in position should be dealt with on a case-by-case basis, which leads to a lot of uncertainty in the law of restitution today. ... middle of paper ...... it is helpful to list all the items purchased with the money. It was stated in the Canadian case RBC Dominion Securities Inc v Dawson that courts do not need detailed evidence of expenses. to prove an extraordinary expense. The reason behind this is that a beneficiary should be allowed to spend their own money as they wish, without fear of suddenly having to repay the benefit acquired, provided that this has been done in good faith. Despite the lax approach taken by the courts when it comes to extraordinary expenses, it is still unclear whether it is something out of the ordinary, such as a special vacation package taken due to the amount acquired, or the purchase of slightly more expensive food products at the grocer. The change of position is therefore ineffective due to the lack of clarity of each of the individual principles of application of the defense..
Navigation
« Prev
1
2
3
4
5
Next »
Get In Touch