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RDG
online Restitution Discussion Group Archives |
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AA: responding
to lionel's analysis next below:
i certainly hope we are all pedants
I gather that ET has a contract with BT whereby the
latter will honor calls made thru the ET card, billing the latter premium
or non-premium rates according to the call a person with a card can draw
on the credit thus established for ET, which has made a mistake, having
sold the cards at a price which will lose money if the caller calls a
premium line.
for that loss the uninformed caller is certainly not
liable: it has drawn on ET's account [ its credit, its property] to make
the sort of phone communication for which the card to everyone's knowledge
has been sold [i don't want to discuss the liability of a caller who catches
up with her world-wide acquaintance via premium lines gleefully aware
of the bargain she is getting through ET's mistake]
but the cards are sold to enable holders to access ET's
account/property for communications and not adventitious gain
the cards make ET's property available on a known condition
and taking the property without satisfaction of that condition is tortious
the property is not tangible, and I don't know the terminology
used in tort for misappropriation of a credit rather than a chattel: but
surely tort law has stepped up to the wicket to cover intangibles with
some sort of nominate tort, and can hit FT for the six of the best it
so clearly deserves???
=========================
LS: I may be a pedant but in Alex's case
the coins are clearly owned, in the technical sense which will support
a conviction for theft and which generates a right to immediate possession
which will support liability in the tort of conversion. Call me old
fashioned (Craig Rotherham, where are you?) but it would seem to me
that this ownership concept is not available to ET. Hence unjust enrichment
steps up to the plate (wow I really am back in North America). Whether
it gets a base hit or strikes out is a more difficult question. <== Previous message Back to index Next message ==> |
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