I thought I had this easy for a moment because I’d just about concluded the point of contribution excludes change of position… but let’s imagine

 

Anna and Bob have a joint bank account. Later they decide they don’t like each other much after all and split up hence the litigation between them to come, but the joint bank account remains. Chris thinks (wrongly) he owes Bob £100. Chris transfers the money to the joint account. A&B are presumably jointly and severally liable in UE. Two scenarios

 

1.       Anna takes £100 and goes for a night out with the girls. Can Bob claim change of position against Chris because of Anna’s action? I think yes and equally if Bob takes £100 and goes for a night out with the boys just before Chris asks him for the money back.

2.       Bob takes £100 and goes for a night out with the boys. Anna pays Chris £100 to discharge her liability and claims contribution from Bob. Can Bob claim c of p against Anna? I’d think yes, but I can’t prove it, although if the answer to q1 is yes, the answer to q2 must also be yes (?)

 

Does anyone know of any cases on this?

 

Duncan

 

Professor Duncan Sheehan

School of Law

University of Leeds

Leeds

United Kingdom 

LS2 9JT

 

+44(0)113 3439936

 

http://works.bepress.com/duncan_sheehan