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<== Previous message       Back to index       Next message ==>
Sender:
Duncan Sheehan
Date:
Mon, 5 Apr 2004 12:04:44 +0100
Re:
Undue Influence & Natural Obligations

 

That's fair, I think, but I'm not sure it makes a vast amount of difference. My 'justification' removes their 'explanation'.

 

Duncan

Dr Duncan Sheehan
Postgraduate Admissions Officer
Norwich Law School
University of East Anglia
Norwich NR4 7TJ
United Kingdom

-----Original Message-----
From: Enrichment - Restitution & Unjust Enrichment Legal Issues On Behalf Of William Swadling
Sent: Monday, April 05, 2004 10:26 AM
Subject: Re: [RDG:] Undue Influence & Natural Obligations

The issue, surely, is not about an 'explanation' at all. The transfer in Allcard v Skinner, for example, can be 'explained' as one where the novice was acting under the influence of the Mother Superior. Similarly, the 'explanation' of Chase Manhattan is that the second transfer was made by mistake. Indeed, if these 'explanations' were removed, the ground of claim would simply disappear. What Duncan seems to be looking for is a justification for the transfers, not an explanation.


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