Of course it's just a tree.  What does it look like ?
RDG online
Restitution Discussion Group Archives
  
 
 

Restitution
front page

What's new?

Another tree!

Archive front page

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2007

2006

2008

2009

Another tree!

 
<== Previous message       Back to index       Next message ==>
Sender:
Steve Hedley
Date:
Thu, 6 Aug 1998 19:14:42 +0100
Re:
Was Banks Overcharging Customers

 

At 18:33 06/08/98 +0100, Robert Stevens wrote:

What if the agreed rate of interest was lower than the interest which would be awarded if the claim was based upon a failure of consideration?

What if different systems of law applied to the contractual and restitutionary claims?

What if the obligation is to repay in a different, now devalued, currency?

The answer to those 3 is that the parties should be held to their agreement. If A can't claim these rights under the contract, A has no business claiming them by more devious means. How can we justify allowing A to claim in Dollars if A has already agreed to take the money in Yen ?

Different consideration apply to,

What if B is a minor and cannot be sued in contract?

though if the law is serious about not letting minors enter into contracts, presumably the law shouldn't allow itself to be fooled by a mere re-labelling of the case as restitution.

I must confess I don't know the answer to :

What if the English court had no jurisdiction over a contractual claim?

but perhaps someone who knows more about conflicts that me could explain in what circumstances the court is likely to have jurisdiction over the claim only if it is framed as a restitutionary one. Tomorrow will do .......

 

Steve Hedley

===================================================
FACULTY OF LAW, UNIVERSITY OF CAMBRIDGE

telephone and answering machine : (01223) 334931
messages : (01223) 334900
fax : (01223) 334967

Christ's College Cambridge CB2 3BU
===================================================


<== Previous message       Back to index       Next message ==>

" These messages are all © their authors. Nothing in them constitutes legal advice, to anyone, on any topic, least of all Restitution. Be warned that very few propositions in Restitution command universal agreement, and certainly not this one. Have a nice day! "


     
Webspace provided by UCC   »
»
»
»
»
For editorial policy, see here.
For the unedited archive, see here.
The archive editor is Steve Hedley.
only search restitution site

 
 Contact the webmaster !