The Remedial Restitutionary Proprietary Remedy an Evaluation of the Extent to Which Preferential Recovery Should Be Available for the Recovery of Money
Scott, Struan
Cite this item:
Scott, SR, The Remedial Restitutionary Proprietary Remedy: An Evaluation of the Extent to which Preferential Recovery should be Available for the Recovery of Money. The Canterbury Law Review 6: 123-148 (1995).
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/8905
Abstract:
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.
Date:
1995
Publisher:
Canterbury School of Law
Pages:
123-148
Keywords:
Property Law; Law of Restitution; Remedies
Research Type:
Journal Article
Languages:
English
Collections
- Journal Article [919]
- Law Collection [582]