From: Duncan Sheehan <D.K.Sheehan@leeds.ac.uk>
To: obligations@uwo.ca
Date: 14/06/2021 13:11:16
Subject: RE: Contribution, Unjust Enrichment, Change of Position

Have thought of question 3

 

Can Anna claim £100 from Chris because she made a mistake about Bob (and therefore Anna) having a defence of change of position against Chris? In other words “Had I known I had a defence against the claim, I would not have paid you.” Presumably that depends on whether we think there has been full settlement of the claim against Anna and whether it can be reopened.

 

Matt, I have no idea what the answer to your questions are!

 

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

 

 

From: Dr Matt Dyson [mailto:matthew.dyson@law.ox.ac.uk]
Sent: 14 June 2021 12:53
To: Duncan Sheehan <D.K.Sheehan@leeds.ac.uk>
Subject: Re: Contribution, Unjust Enrichment, Change of Position

 

No idea, but a cracking question, Duncan, even for someone like me not into UE. Is it different to agency, or similar, where if A paid out B could have to reimburse? If so, why? Do we just put it down to a risk of owning a joint account? Or does C o P give way to the greater unfairness to A here, so marking the second example as different to the first? Anyway, not my area, but again, interesting question!

Hope you're well!

Matt

On 14 June 2021 12:48:21 BST, Duncan Sheehan <D.K.Sheehan@leeds.ac.uk> wrote:

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

 

 


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