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Questions and Answers
What concept refers to a person being unjustly enriched at another's expense without legal justification?
What concept refers to a person being unjustly enriched at another's expense without legal justification?
Which of the following is NOT one of the three remedies associated with unjust enrichment?
Which of the following is NOT one of the three remedies associated with unjust enrichment?
In the context of negotiorum gestio, what is a requirement for the gestor's actions?
In the context of negotiorum gestio, what is a requirement for the gestor's actions?
According to case law, what is the primary aim of the remedies like repetition and restitution?
According to case law, what is the primary aim of the remedies like repetition and restitution?
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Who first considered the concept of negotiorum gestio?
Who first considered the concept of negotiorum gestio?
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What is one of the essential conditions for a claim of unjustified enrichment to be valid?
What is one of the essential conditions for a claim of unjustified enrichment to be valid?
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Which of the following terms relates specifically to the repayment of a sum that is not due?
Which of the following terms relates specifically to the repayment of a sum that is not due?
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What scenario is NOT a valid example of unjustified enrichment?
What scenario is NOT a valid example of unjustified enrichment?
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In the context of unjustified enrichment, what does an increase in assets generally indicate?
In the context of unjustified enrichment, what does an increase in assets generally indicate?
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What is the legal term for a claim related to something given for an unlawful cause?
What is the legal term for a claim related to something given for an unlawful cause?
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What type of claim does 'condictio sine causa' represent?
What type of claim does 'condictio sine causa' represent?
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In the case of Cantiere San Rocco SA v Clyde Shipbuilding & Engineering Co Ltd, what event prompted the need for a repayment claim?
In the case of Cantiere San Rocco SA v Clyde Shipbuilding & Engineering Co Ltd, what event prompted the need for a repayment claim?
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What does 'negotorium gestio' mean in relation to unjustified enrichment?
What does 'negotorium gestio' mean in relation to unjustified enrichment?
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Study Notes
Introduction to Unjustified Enrichment and Negotiorum Gestio
- The focus is on when the law allows reversing enrichment of one person at another's expense without cause.
- This is an introduction to the topics.
Unjustified Enrichment
- A concept originating with Roman jurists.
- Considered under Quasi-Contract.
- Ulpian's Edict, book 26 outlines a case where someone mistakenly pays what is not due and can recover it through the condictio indebiti (D.12.6.1.1).
- This involves a mistaken payment.
Some Further Terms
- Condictio indebiti: Claim for repayment of an undue sum.
- Condictio causa data causa non secuta: Claim for something given for a failed cause.
- Condictio ob turpem vel iniustam causam: Claim for something given for a corrupt or unlawful cause.
- Condictio sine causa: Claim for things given without legal basis—a 'sweep-up' claim.
Meaning of Enrichment
- An increase in assets or decrease in liabilities.
- Receiving a service or having work done.
- Use of another's assets.
At Another's Expense
- Decrease in assets or increase in liabilities.
- Rendering a service or doing work.
- Use by another person of one's assets.
Enrichment must be Unjustified
- Unsupported by legal grounds, such as:
- A legacy
- Arising under contract
- A court order
Case Example 1
- Cantiere San Rocco SA v Clyde Shipbuilding & Engineering Co Ltd (1923 SC (HL) 10).
- Contract for supply of marine engines.
- First installment paid.
- War breaks out.
- How do the sellers get their money back?
Case Example 2
- Morgan Guaranty Trust Co of New York v Lothian Regional Council (1995 SC 151).
- Complex financial arrangement.
- Contract turned out to be void.
- Could the bank get their money back?
- Was the Roman Law position clear?
Case Example 3
- Shilliday v Smith (1998 SC 725).
- A couple living together, engaged, then separated.
- The pursuer paid for work on the defender's property.
- A person is unjustly enriched at another's expense when they benefit from another's actions without legal justification to keep the benefit.
Remedies
- Repetition: Return of money.
- Restitution: Return of property.
- Recompense: Repayment for unjustified expenditure or use.
Case Example 4
- Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd (1998 SC (HL)).
- Repetition, restitution, and recompense all aim towards the same end.
- They describe the remedy a court can provide to address the enrichment.
Negotiorum Gestio
- Another concept by Roman jurists.
- A person (gestor) intervenes without authorization in another's affairs (contrast with agency).
- Requirements include:
- The other person must be absent, unaware, or incapable.
- The gestor acted for the other's benefit but expects reimbursement for expenses.
- The intervention was useful.
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Description
This quiz provides an overview of unjustified enrichment and negotiorum gestio, focusing on when the law permits the reversal of enrichment without cause. It delves into key concepts such as the condictio indebiti and related claims. Ideal for those studying contract law and its historical roots.
