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The Remedial Restitutionary Proprietary Remedy an Evaluation of the Extent to Which Preferential Recovery Should Be Available for the Recovery of Money
Journal article   Open access

The Remedial Restitutionary Proprietary Remedy an Evaluation of the Extent to Which Preferential Recovery Should Be Available for the Recovery of Money

Struan Scott
The Canterbury Law Review, Vol.6, pp.123-148
1995
Handle:
https://hdl.handle.net/10523/8905

Abstract

Property Law Law of Restitution Remedies
A proprietary remedy confers preferential recovery, in the sense that the claimant obtains ownership rights in respect of a particular asset, for example money which the claimant has mistakenly paid to another. This article analyses the case law to consider the extent of preferential treatment the claimant should receive. The article’s focus is on the situation where the recipient has turn the money into another asset or assets.
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