Change of position and foregone opportunities (Benedict White, 4 Mar 2002)

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Sender:	Benedict White
Date:	Mon, 4 Mar 2002 00:43:40
Re:	Change of position and foregone opportunities

Whilst I am not a lawyer nor qualified in law, I take the view that change of position in these circumstances should be open to broad interpretation.

Assuming that it is reasonable to assume you are due the over payment, rather than just getting a large payment for no explicable reason, that payment amounts to a representation. If you then rely on that representation, to your detriment, (turning down an offer, retiring etc.) then the claimant can be estopped from changing the representation. Merely spending the money in question is too narrow a definition for my blood.

kind regards

Benedict White

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" 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! "

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