Restitution
front page

What's new?

Archive front page

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2007

2006

2008

2009

I neglected previously to point out that the "defensible outcome" in the situation covered by Bowen, L.J.'s assertion could be achieved by an action for mesne profits. If I remember the relevant statute, this action would today, survive against the trespasser's estate, as would an action for trespass against the taker of the horse in Lord Mansfield's example.

-----Original Message-----
From: Gordon Goldberg
Date: 04 October 2000 17:27
Subject: Re: RDG: Constructive trust (Ellingsen v Hallmark)

When he claims that Lord Ellenborough, C.J., specifically rejected a ratification theory in his judgment in Taylor v. Plumer, is Lionel referring to the last sentence of his Lordship's judgment? If so, I endeavoured in [2000] R.L.R. at 213 (in n.157 and its accompanying text) to explain that sentence's relationship to his Lordship's acceptance arguendo of ratification as the basis of waiver of tort, which I had quoted ibid. at 210.