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Note by alicetait, created more than 1 year ago

Unjustified Enrichment Note on EQUITY/ DEFENCES AND REMEDIES, created by alicetait on 12/04/2013.

363

	Created by alicetait almost 12 years ago

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EQUITY/ DEFENCES AND REMEDIES

1/1

meaning of the defence of equity;
- the court may take account of and balance all factors affecting the relationship between the parites before deciding to order the restoration of or payment for the enrichment

-the overall equities of the case may mean that the enrichment stays where it is- even though all the positive requirements for recovery are met

- varney; it was ineq. to allow the builder to recover for the sewers it had installed 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) =would have resolved

change of position;

- party who has spent/ consumed/ otherwise disposed of an enrichment= no longer enriched
= may be able to escape liability to restore/pay in whole or in part
- approach outlined in credit lyonnaise by lord kyllachy
-
3 requirements to show that;
1)THE DEFENDER must have reasonable grounds for believing the benefit was his
2) the casual link between the receipt of the benefit and the change of position
3) the change of position is such to make it unjust to require recovery of the benefit.

-

equity

change of position;