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Statements

Subject Item

dbr:Money_had_and_received

rdfs:label

Money had and received

rdfs:comment

An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit. The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration. The action was a personal action only available in respect of money, rather than other benefits. Where the benefit received by the defendant was services or goods, the appropriate action was a quantum meruit or a quantum valebant, respectively.

dcterms:subject

dbc:English_trusts_law dbc:Unjust_enrichment

dbo:wikiPageID

35839282

dbo:wikiPageRevisionID

1084092703

dbo:wikiPageWikiLink

dbr:Bingham_v._Cabot_(1795) dbc:Unjust_enrichment dbr:Quantum_valebant dbr:Failure_of_consideration dbr:Jackson_v_Horizon_Holidays_Ltd dbr:Restitution dbr:Baltic_Shipping_Company_v_Dillon dbr:Sinclair_v_Brougham dbr:Common_law dbr:Kershaw_v_Kirkpatrick dbr:Quantum_meruit dbr:Philip_Collins_Ltd_v_Davis dbr:Lipkin_Gorman_v_Karpnale_Ltd dbr:Form_of_action dbr:Quasi-contract dbr:Unjust_enrichment dbc:English_trusts_law dbr:Westdeutsche_Landesbank_Girozentrale_v_Islington_LBC

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wikidata:Q6899246 freebase:m.0jwr_ns n16:4s9CG

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dbo:abstract

An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit. The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration. The action was a personal action only available in respect of money, rather than other benefits. Where the benefit received by the defendant was services or goods, the appropriate action was a quantum meruit or a quantum valebant, respectively. The action for money had and received formed a part of the law of quasi-contract. Although the forms of action were abolished in the mid-19th century, reference continues to be made to the action in modern pleading. The terminology of "quasi-contract" has been replaced by the more modern terminology of unjust enrichment in most common law jurisdictions.

gold:hypernym

dbr:Name

prov:wasDerivedFrom

wikipedia-en:Money_had_and_received?oldid=1084092703&ns=0

dbo:wikiPageLength

1875

foaf:isPrimaryTopicOf

wikipedia-en:Money_had_and_received