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RDG
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Steve wrote, yet
again:
(b) if the recipient, instead of having a contractual
entitlement to retain, has contractual duty to return: (ii) What if the relationship between A and B is
not bailor and bailee but customer and banker and B's obligation is
not to return the same £5 note but to pay A £5 on demand? Can B's
refusal render his initial enrichment unjust? Again, obviously there is a contractual remedy for
£5. In what circumstances would a litigant ever want to assert that
there was a restitutionary remedy for £5 ? Some arguable possibilities might be tentatively suggested:
Some very tentative suggestions on Andrew's point, ii) However, The Trident Beauty might be authority against
any restitutionary claim. A owes B £5. B assigns his right to payment
to C. A pays C £5. B fails to perform his side of the deal and comes under
an implied contractual obligation to repay A. A has no restitutionary
claim against C, and he is limited to his contractual claim against B.
Surely the same would be true if there was no assignment?
I have never been very happy with the Trident Beauty.
Robert Stevens
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