Restitution Discussion Group Archives
| Sender: |
Allan Axelrod |
| Date: |
Thu, 22 Mar 2001 15:46:24 -0500 |
| Re: |
Answers on a postcard |
Robert Stevens
wrote:
'A pays £1000 to B, representing to him "I have
carefully checked all the figures and this is all yours". B spends £250
on a party and puts £750 in the bank. A discovers that he has made
a mistake and owed B nothing. He learns that B has spent £250 and
he asks B to repay £750. B: "You are estopped by your representation on which
I have acted to my detriment." isn't the representation of careful checking and a felt
obligation implied in any commercial payment of a substantial sum of money?
could estoppel, if ever relevant, be usefully confined to cases where
the payor makes the representation after inquiry and an expression
of puzzlement from the payee?
====================
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