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RDG
online Restitution Discussion Group Archives |
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axelrod:
if the deposit was contractually set-up in specie,
and the bank withheld return of the appropriate specific amount, it would
seem that tort would also be involved?? hedley:
If you mean defamation, then yes in theory.
In practice, an action in defamation seems rather unlikely, but it is
certainly possible. i did not mean defamation--- my illustration, poorly
worded, referred to a case in which the contract was one of bailment,
so that its breach by non-return would give rise both to an action in
contract and also an action to recover the specific property--- which
in american jurisprudence would be called a tort action-- whether called
detinue, or conversion, or an action for claim-and-delivery
if by the way the bailee had wrongfully sold the bailed
item, and the proceeds of sale were traceably in hand, the bailor would
in american law have a specific action to recover those proceeds for purposes
of this general discussion about unjust enrichment it is interesting to
note that the action of bailor for proceeds or for their amount would
not in american law be classed as a mere tort and/or contract action,
but rather as the enforcement of a constructive trust imposed by law to
prevent unjust enrichment--- a consequence of that characteriation is
that the bailor would not be a mere general creditor if the bailee had
becomne insolvent
in english law does a wronged bailor have an action against
the bailee for the proceeds of the wrong-fully transferred chattel: does
it get a special status in insolvency proceedings, what is it called,
and to which large ground of recovery [tort contract quasi-contract, unjust
unrichment] is it assigned?
how generous we all are in educating one another--- should
even brighten mr o'dell's dull dublin day
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