Belonging to another- obligation and mistake

Question 1

What does S5 (4) mistake lay out?

Answer 1

Where a person receives property by mistake- obligation to return the property.

Question 2

Which cases questioned the mis payment of wages under S5 (4) mistake?

Answer 2

AG’s reference (No1 of 1983)

Moyhen V Cooper (1956)-

Question 3

Moyhen V Cooper (1956)

Answer 3

-A person liable if they are aware of the mistake.

Question 4

AG’s reference (No1 of 1983)

Answer 4

-Obligation to return the money even if it has not been withdrawn.

Question 5

What section lies out obligation?

Answer 5

S5 (3)

Question 6

When should S5 (3) be used?

Answer 6

Should only be used if a decision is made AFTER the money or property is given to them.

Question 7

What is S5 (3)

Answer 7

• Where a person receives property from or on account of another
• it is under obligation to deal with that property.

Question 8

What cases underline S5 (3)?

Answer 8

R V Kleinberg and Marsten 1999 CA

R V Hall.

Davidge V Bunnell (1984)

Question 9

Davidge V Bunnell (1984)

Answer 9

• The parties involved had clearly intended

- that the D act in a particular way with the money given to them.

Question 10

R V Kleinberg and Marsten 1999 CA

Answer 10

-Company liable for theft because they had a very specific way to use deposit.

Question 11

R V Hall

Answer 11

• Unclear obligation.

- The business could spend it anywhere they want.