Mistaken Payments and the Change of Position Defence: Rare Cases and Elegance
Scott, Struan

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Cite this item:
Struan Scott, Mistaken Payments and the Change of Position Defence: Rare Cases and Elegance. The Otago Law Review 12(4): 645 – 662 (2012).
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/8904
Abstract:
This article critically analyses two New Zealand Court of Appeal decisions involving a change of position defence created by s 94B of the Judicature Act 1908 and the common law change of position defence. Aspects of the reasoning in these cases are controversial (both within New Zealand and internationally). The article critically examines these cases and, after developing a comparison with the change of position defence as developed by the American Law Institute, suggests how these cases give a new insight into the operation of this defence.
Date:
2012
Publisher:
Otago Law Review Trust Board
Pages:
645-662
Keywords:
New Zealand; Court of Appeal; Common Law; Change of Position Defence; Unjust Enrichment; Remedies
Research Type:
Journal Article
Languages:
English
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