Belonging to another- obligation and mistake Flashcards
What does S5 (4) mistake lay out?
Where a person receives property by mistake- obligation to return the property.
Which cases questioned the mis payment of wages under S5 (4) mistake?
AG’s reference (No1 of 1983)
Moyhen V Cooper (1956)-
Moyhen V Cooper (1956)
-A person liable if they are aware of the mistake.
AG’s reference (No1 of 1983)
-Obligation to return the money even if it has not been withdrawn.
What section lies out obligation?
S5 (3)
When should S5 (3) be used?
Should only be used if a decision is made AFTER the money or property is given to them.
What is S5 (3)
-Where a person receives property from or on account of another
-it is under obligation to deal with that property.
What cases underline S5 (3)?
R V Kleinberg and Marsten 1999 CA
R V Hall.
Davidge V Bunnell (1984)
Davidge V Bunnell (1984)
-The parties involved had clearly intended
-that the D act in a particular way with the money given to them.
R V Kleinberg and Marsten 1999 CA
-Company liable for theft because they had a very specific way to use deposit.
R V Hall
-Unclear obligation.
-The business could spend it anywhere they want.