Lecture 5

Question 1

Imposition test: (3)

Answer 1

1. good faith possession
2. error (proved) in believing self to be owner
3. exceptionally, may include error in believing 3rd party to be owner or otherwise entitled to the property

Question 2

Newton v Newton 1925

Answer 2

H put house in W’s name - honestly believed that the house was in his name - spent £400 improving the house

Question 3

Yellowleaves v Alexander 1882

Answer 3

He justifiably believed that he would come in to ownership

Question 4

McDowel v McDowel

Answer 4

belief that 3rd party is the owner - her husbands estate

Question 5

Reid v Lord Ruthven

Answer 5

Imposition - paying someone else’s debts

Question 6

Evans-Jones 6.06: (6)

Answer 6

1. P can pay debt owed by D to T with intention of discharging D’s debt
2. P’s motive is to protect P’s own interests
3. T must treat the debt as discharged
4. D’s debt must be discharged
5. D is enriched at P’s expense: “an obligation of UE is created by operation of law on the ground that D has been -vely enriched at P’s expense. D no longer obliged to pay T
6. Where these five conditions are met, there is a claim for UE

Question 7

Earl of Fife v Wilson 1864

Answer 7

Enrichment by taking

1. exercise of property rights
2. without authority of the owner
3. benefit measured by a just and reasonable consideration for the value of hypothetical bargain

Question 8

Credit Lyonnais v George Stevenson 1901 (tripartite test):

Answer 8

1. the defender must have reasonable grounds for believing the benefit was his
2. a causal link between the receipt of the benefit and the change of position
3. the change of position is such as to make it unjust to require reversal of the enrichment