Belonging to another- obligation and mistake Flashcards

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1
Q

What does S5 (4) mistake lay out?

A

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

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2
Q

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

A

AG’s reference (No1 of 1983)

Moyhen V Cooper (1956)-

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3
Q

Moyhen V Cooper (1956)

A

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

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4
Q

AG’s reference (No1 of 1983)

A

-Obligation to return the money even if it has not been withdrawn.

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5
Q

What section lies out obligation?

A

S5 (3)

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6
Q

When should S5 (3) be used?

A

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

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7
Q

What is S5 (3)

A

-Where a person receives property from or on account of another

-it is under obligation to deal with that property.

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8
Q

What cases underline S5 (3)?

A

R V Kleinberg and Marsten 1999 CA

R V Hall.

Davidge V Bunnell (1984)

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9
Q

Davidge V Bunnell (1984)

A

-The parties involved had clearly intended

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

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10
Q

R V Kleinberg and Marsten 1999 CA

A

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

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11
Q

R V Hall

A

-Unclear obligation.

-The business could spend it anywhere they want.

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