An action for money had and received to the plaintiff's use is the name for a
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
claim derived from the
form of action
The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery (or file a bill) which would set ...
known as ''
indebitatus assumpsit''. The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a
total failure of consideration. The action was a personal action only available in respect of money, rather than other benefits. Where the benefit received by the defendant was services or goods, the appropriate action was a ''
quantum meruit
is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services".
In the United States, the elements of ''quantum meruit'' are determined by state common law. ...
'' or a ''
quantum valebant'', respectively.
The action for money had and received formed a part of the
law of quasi-contract. Although the forms of action were abolished in the mid-19th century, reference continues to be made to the action in modern pleading.
[Cf. Graham Virgo, ''The Principles of the Law of Restitution'' (3rd ed, 2015).] The terminology of "quasi-contract" has been replaced by the more modern terminology of
unjust enrichment
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability ...
in most common law jurisdictions.
Case law
*''
Moses v Macferlan'' (1760) 2 Bur 1005; 97 Eng. Rep. 676 (
King's Bench, England)
*''
Bingham v. Cabot'', 3 U.S. (3 Dall.) 19 (1795) (
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
)
*''
Kershaw v Kirkpatrick''
878UKPC 4 (
Privy Council, from Canada)
*''
Sinclair v Brougham''
914AC 398 (
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
, England)
*''
Jackson v Horizon Holidays Ltd''
9751 WLR 1468 (
Court of Appeal of England and Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to ...
)
*''
Lipkin Gorman v Karpnale Ltd''
991
Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday of the Julian calendar.
Events
* March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between Æthelred the Unready and Richard I o ...
2 AC 548 (House of Lords, England)
*''
The Mikhail Lermontov''
9901 Lloyd's Rep 579 (
High Court of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation.
The High Court was establi ...
)
*''
Westdeutsche Landesbank Girozentrale v Islington LBC''
996UKHL 12 (House of Lords, England)
*''
Philip Collins Ltd v Davis''
000
Triple zero, Zero Zero Zero, 0-0-0 or variants may refer to:
* 000 (emergency telephone number), the Australian emergency telephone number
* 000, the size of several small List of screw drives, screw drives
* 0-0-0, a Droid (Star Wars)#0-0-0, dro ...
3 All ER 808 (
High Court, England)
See also
*
Law of Restitution
Notes
{{Reflist, 2
English trusts law
Unjust enrichment