Unjustified Enrichment

Front 1

Define unjustified enrichment

Back 1

1) enrichment

2) at another's expense

3) no legal grounds to retain

4) equitable to redress

(Dollar Land (Cumbernauld) Ltd)

Front 2

What is enrichment?

Back 2

• increased assets or decrease in liability
• rendering a service or having work done
• use of another's assets (DCFR vii:-3:101)

Front 3

What are the methods of enrichment?

Back 3

transfer

taking

imposition

Front 4

How is expense defined?

Back 4

• Decreased assets or an increase in liability
• Performing a service or doing work
• Another's use of their assets

Front 5

Loss & enrichment

Back 5

Incidental benefits are not recoverable (Edinburgh and District Tramways v Courtenay)

Indirect enrichment not generally recoverable (M&I Instrument Engineers Ltd v Varsada & Beattie)

Front 6

When can an enrichment be retained?

Back 6

gift/donation

contract/promise

Front 7

What are the condictiones arising from enrichment by transfer?

Back 7

condictio indebiti

condictio causa data causa non secuta

conditcio ob turpem vel iniustam causam

condictio sine causa

Front 8

condictio indebiti

Back 8

Undue transfer

Morgan Guaranty

money paid or property transferred under an obligation which is void but thought to be valid.

error is vital - payments made knowingly not recoverable

Front 9

condictio causa data

Back 9

transfers made for a future purpose which failed to materialise

Shilliday v Smith - in contemplation of marriage

Watson & Co. - advance paid in contemplation of performance

P must know purpose of the transfer & purpose must be frustrated.

Front 10

condictio ob turpem vel iniustam causam

Back 10

recovery of benefits transferred for an illegal or immoral purpose

Front 11

condictio sine causa

Back 11

what's left - still fulfills UE

(British Oxygen Co.) - compulsion

(Nurdis & Peacock) - Payments subject to protest & reservations

(Woowich Building Society v Inland Revenue) - made under legislation found to be ultra vires

Front 12

Enrichment by imposition

Back 12

Improvement of another's property - Barbour v Halliday/Newton v Newton)

Payment of another's debt

Front 13

Defences under UE

Back 13

1) Equity - (Morgan Guaranty)

2) Change of position (Credit Lyonnais)

3) Subsidiarity (Transco v Glasgow City Council)