There is some stuff on the history leading up to accepting this pp. Lord Goff also said 'the recovery of money is not, as a general rule, a matter of discretion for the court' THUS.
Philip Collins v Davis - Parker J confirmed that it's not a discretionary defence. Lord Goff was just stating the defence broadly so that subsequent courts could fill in the detail. What I.
Burrows - Essentially, D has lost the enrichment II. So even though D was initially enriched, the change of position defence responds to the fact that enrichment has subsequently or in anticipation of the initial enrichment been countered by causally related loss or detriment so that overall D has not been enriched. Birks' Contrary View I.
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He thought the defence exists to ensure that people are free to dispose II. UE is not related to wrong I. Unjust enrichment's imposition of strict liability is merited so long as II. Irreversibility a. Edelman and Bant - say it's not about disenrichment, it's to protect D's security of receipt. So it's only where D has irreversibly changed his position that he can rely on it BUT b.
Bant, Elise. London: Hart Publishing, Bloomsbury Collections. Copyright Elise Bant All rights reserved. Further reproduction or distribution is prohibited without prior permission in writing from the publishers. Elise Bant. The full text of this chapter is available as a preview. Access to the full text of the entire book is only available to members of institutions that have purchased access. If you belong to such an institution, please log in or read more about How to Order.
The aim of this book is to define and to explain the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman a firm v Karpnale Ltd. In that context, it is usual to attempt to clarify the features of the defence by reference to the recent, post case law, only dipping into earlier materials to highlight the historical lack of a coherent defence and the kinds of factors that militated against its earlier development.
Against this trend, this work argues that it is preferable to examine the modern case law through an historical lens.
Estoppel/Change of Position (Eoin O'Dell, 23 Mar )
To start the story in is to miss important insights that can help to inform the modern law. The law must develop rationally, in a manner consistent with the existing law and its underlying policy concerns as a whole. Back to Book Go to Page. Go Pages Front matter unlocked item Preface. Introduction and Overview. Lessons from Estoppel by Representation. News About this Firm. Withers' Financial Regulatory team has secured victory for their client Andrew Tinney, a former senior banker in a long-running investigation by the Financial Conduct Authority.
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The Defence of Change of Position in English and Singaporean Unjust Enrichment Law
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