The Recovery of Money — Recognising the Potential of the Claim for Money Had and Received
Scott, Struan

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Scott, SR, The Recovery of Money - Recognising the Potential of the Claim for Money Had and Received. Otago Law Review 8: 239-266 (1994).
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/8907
Abstract:
‘Money had and received’ is the name of a common law claim available to recover money paid to another in a range of situations, ie payments made under mistake. It is a personal claim, in that it results in an order that the defendant pay a sum of money (rather than return the money originally paid). As such the claim is vulnerable to the defendant’s insolvency. This article explores ways in which this vulnerability may be overcome and the claim used to obtain preferential recovery.
Date:
1994
Publisher:
Otago Law Review Trust Board
Pages:
239-266
Keywords:
Common Law; Property Law; Remedies; Banking Law
Research Type:
Journal Article
Languages:
English
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- Journal Article [785]
- Law Collection [510]