 | William Cornish - 1998 - 373 페이지
...the talk of natural justice, or equity: "In one word", said Lord Mansfield, "the gist of this kind of action is, that the defendant, upon the circumstances...the ties of natural justice and equity to refund the money".77 Lord Kames regarded the same ties as deriving from "human nature".78 Natural justice, human... | |
 | Thomas A. Street - 1999 - 596 페이지
...made for the protection of persons under those circumstances. Tn one word, the gist, of this kind of action is, that the defendant upon the circumstances...of natural justice and equity to refund the money/' " In this case it was insisted for the defendant that indebitatus assumpsit can only be maintained... | |
 | Graham Virgo - 1999 - 892 페이지
...law of restitution, Moses v. Macferlan,16 Lord Mansfield recognised that 'the gist of this kind of action is, that the defendant, upon the circumstances...of natural justice and equity to refund the money'. Lord Wright, one of the leading proponents of an independent law of restitution, recognised that:17... | |
 | Sonja Meier - 1999 - 456 페이지
...imposition, (express, or implied;) or extortion; or oppression (...). In one word, the gist of this kind of action is, that the defendant, upon the circumstances...the ties of natural justice and equity to refund the money."1 3 Doch dieser liberale Ansatz konnte sich vorerst nicht durchsetzen. Die Rechtsprechung des... | |
 | David J. Ibbetson - 2001 - 356 페이지
...right; and which he had. by law. authority to receive from sach third person.70 The gist of this kind of action is. that the defendant. upon the circumstances of the case. is obliged hy the tics of natural justice and equity to refand I he money/' Desplte his obvious attempt to generalize... | |
 | Peter Schlechtriem - 2000 - 958 페이지
...Mansfield in bezug auf die Rückforderung einer nichtgeschuldeten Zahlung, daß »the gist of this kind of action is that the defendant, upon the circumstances...the ties of natural justice and equity to refund the money«,144 aus dem Jahre 1760 noch die früheren Bezugnahmen Bradons auf »obligationes quasi ex contracta«,... | |
 | David Lieberman - 2002 - 332 페이지
...equitable explanation of the action to " recover back money " : In one word, the gist of this kind of action is that the Defendant, upon the circumstances...the ties of natural justice and equity to refund the money.27 This understanding of indebitatus assumpsit was rehearsed regularly by Mansfield. The action... | |
 | Jonathan Fisher - 2003 - 734 페이지
...made for the protection of persons under those circumstances. In one word, the gist of this kind of action is that the defendant, upon the circumstances...of natural justice and equity to refund the money." For a more modern formulation of the restitutionary principle, see Lord 31-017 Wright's opinion in... | |
 | S. M. Waddams - 2003 - 276 페이지
...made for the protection of persons under those circumstances. In one word, the gist of this kind of action is, that the defendant, upon the circumstances...the ties of natural justice and equity to refund the money.90 This expansive view came later to be regarded with suspicion,91 but was revived in the twentieth... | |
 | Ḥanokh Dagan - 2004 - 402 페이지
...unworthy of moral support. Consider first Lord Mansfield's famous dictum that "the gist of this kind of action is, that the defendant, upon the circumstances...the ties of natural justice and equity to refund the money."14 A comment to the new Restatement captures the problem with this account: "saying that liability... | |
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In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'. 
