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United Kingdom
Leading Case
uncategorized
Banque Financiere de la Cite v Parc (Battersea) Ltd
[1998] UKHL 7; [1999] 1 AC 221; [1998] 2 WLR 475; [1998] 1 All ER 737
Key Principle
Subrogation to extinguished security rights is a restitutionary remedy to reverse or prevent unjust enrichment; the court asks (1) was the defendant enriched at the claimant's expense, (2) was the enrichment unjust, and (3) are there policy reasons or defences denying recovery.
Area of Law
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