Restitution Discussion Group Archives
| Sender: |
Charles Mitchell |
| Date: |
Sun, 23 Nov 2003 10:28:47 |
| Re: |
Change of position on the move again: Commerzbank AG v Price-Jones |
In Commerzbank AG v Price-Jones the CA holds that in
principle D need not have spent any money in order to rely on C of P:
changes of position that leave you worse off for non-financial reasons
can also be relied upon. On the facts, however, the defence was not available:
banker receives mistaken payment from employer; allegedly stays in job
rather than seeking employment elsewhere because mistaken payment leads
him to believe that he is well-regarded and in line for extra bonuses;
this is not enough to constitute C of P says CA.
You can find the case at:
http://www.bailii.org/ew/cases/EWCA/Civ/2003/1663.html
Best wishes Dr Charles Mitchell tel: 020 7848 2290
Charles
Reader in Law
Director of Postgraduate Taught Programmes
School of Law
King's College London
Strand
London WC2R 2LS
fax: 020 7848 2465
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