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12 Cards in this Set
- Front
- Back
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IMPOSITION GENERAL DEFINITION |
COMPRISES OF CASES WHERE P DIVESTS HIMSELF OF WEALTH ON THE RECIPIENT D WITHOUT THE LATTER'S CONSENT OR KNOWLEDGE |
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ENRICHMENT BY IMPOSITION - 2 MAIN SITUATIONS |
1. UNAUTHORISED IMPROVEMENT TO ANOTHER'S PROPERTY 2. PERFORMANCE OF ANOTHER'S OBLIGATION |
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WHAT ARE THE REQUIREMENTS FOR IMPOSITION? |
1. GOOD FAITH POSSESSION 2. ERROR IN BELIEVING SELF TO BE OWNER |
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1. GOOD FAITH POSSESSION |
WAS THERE BONA FIDES ON PURSUER'S BEHALF |
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2. ERROR IN BELIEVING SELF TO BE OWNER |
NEWTON V NEWTON - CLAIM IN RECOMPENSE PURSUER ENTERTAINED CLEAR BUT MISTAKEN BELIEF HE WAS THE OWNER EXCEPTIONALLY, ERROR MAY INCLUDE BELEIVIG 3RD PARTY TO BE OWNER/OTHERWISE ENTITLED TO PROPERTY - MCDOWEL V MCDOWEL & ORS |
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PAYMENT OF ANOTHER'S DEBT |
WHEN D OWES MONEY TO T AND P PAYS D'S DEBT, DOES P HAVE A CLAIM AGAINST D? T MUST TREAT DEBT AS DISCHARGED D ENRICHED AR P'S EXPENSE |
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RECOMPENSE AVAILABLE |
P CAN VALIDLY PAY DEBT OWED BUT DISCHARGE ESSENTIAL BEFORE D CAN BE REGARDED AS ENRICHED - T MUST IN FACT TREAT DEBT AS DISCHARGED REID V LORD RUTHVEN |
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TAKING |
EXPLOITING SOMEONE ELSE'S PROPERTY WITHOUT BASIS CAN SEEK TO RECOVER BENEFIT THROUGH UE E.G. MISUSE OF ANOTHER'S PROPERTY WRONGDOING E..G BREACH OF FIDUCIARY DUTY |
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EXAMPLES OF TAKING |
UNAUTHORISED USE OF ANOTHER'S PROPERTY UNAUTHORISED BUT GOOD FAITH SALE OF ANOTHER'S PROPERTY UNAUTHORISED CONSUMPTION UNAUTHORISED GAIN IN ACQUISITION OF ORIGINAL TITLE IN PROPERTY |
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TAKING AUTHORITY |
EARL OF FIFE V WILSON MISUSE OF ANOTHER'S PROPERTY RIGHTS WITHOUT AUTHORITY OF OWNER BENEFIT MEASURED BY JUST AND REASONABLE CONSIDERATION FOR VALUE OF HYPOTHETICAL BARGAIN |
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REMEDY IN PROPERTY IMPROVEMENT CASES |
RECOMPENSE AND THE MEASURE OF RECOVERY IS THE AMOUNT THE IMPROVED HAS SPENT AMOUNT OF ENRICHMENT WILL BE THE ENHANCED PERMANENT VALUE OF THE PROPERTY ARISING FROM THE IMPROVEMENTS CARRIED OUT DURING THE GOOD FAITH POSSESSION, AS DETERMINED AT THE DATE THE GOOD FAITH CEASES OT THE TIME THE OWNER RESUMES POSSESSION. |
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REMEDY IN PAYMENT OF ANOTHER'S DEBT |
AMOUNT DUE IS AMOUNT OF DEBT DISCHARGED WITH INTEREST FROM THE DATE OF PAYMENT |
