 | Morton J. Horwitz - 1977 - 382 Seiten
...then recent path-breaking decision in Moses v. MacferlanM (1760), in which the Chief Justice declared: "In one word, the gist of this kind of action is,...the ties of natural justice and equity to refund the money."64 As a result of this unrestrained identification of contract with "natural justice and equity,"... | |
 | Minnesota. Supreme Court - 1910 - 634 Seiten
...laws made for the protection of persons under those circumstances. In one word : The giet of this v kind of action is that the defendant, upon the circumstances...of natural justice and equity to refund the money. * * *" Even at common law the remedy was considerably extended, and its further extension commended.... | |
 | Peter Birks - 1985 - 506 Seiten
...plaintiffs situation, contrary to the laws made for the protection of persons under those circumstances. In one word, the gist of this kind of action is that...the ties of natural justice and equity to refund the money.9 In this generalisation the old action of account not only lived on but actually expanded within... | |
 | Sarah Worthington - 1996 - 328 Seiten
...Burr 1005, 97 ER 676. There, Lord Mansfield said that the gist of an action for money had and received is that 'the defendant, upon the circumstances of...of natural justice and equity to refund the money' (emphasis added). Lord Goff agrees with this position ([1996] 2 WLR 802, 821), but not Lord Browne-Wilkinson... | |
 | Ulrike Müßig, Ulrike Seif - 1997 - 376 Seiten
...as it were upon a contract (quasi ex contractu, as the Roman law expresses it) . . .the gist ofthis kind of action is that the defendant, upon the circumstances...by the ties of natural justice and equity to refund money.« der Sicherungsnehmer Verfügungen, die des Schuldners equity of redemption gefahrden. Diese... | |
 | Ramjohn - 1998 - 1031 Seiten
...plaintiff's situation, contrary to laws made for the protection of persons under those circumstances. In one word, the gist of this kind of action is, that...of natural justice and equity to refund the money. That principle was applied by Parker J in Lodge v National Union [1907] 1 Ch 300, where a borrower... | |
 | New York (State). Commissioners of the Code, David Dudley Field - 1998 - 3652 Seiten
...not to retain, as announced by Lord MANSFIELD in Moses v. McFarlane (2 Bun:, 1005), in this language: "In one word, the gist of this kind of action is,...of natural justice and equity to refund the money" This, as a general rule, could be introduced into a code with perfect safety, while it would be certain... | |
 | William Cornish - 1998 - 373 Seiten
...come to explanation is in the talk of natural justice, or equity: "In one word", said Lord Mansfield, "the gist of this kind of action is, that the defendant,...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... | |
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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. 
