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Moses v Macferlan

(1760) 2 Burr 1005; 97 ER 676 (KB)
JurisdictionUnited Kingdom
CourtCourt of King's Bench (England)
Year1760
StatusPersuasive authority

Key Principle

An action for money had and received lies to recover money which, in the circumstances of its receipt, it would be against equity and good conscience for the defendant to retain, including money paid by mistake, on a consideration that has failed, or under imposition or extortion.

Area of Law

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Related Cases

Deutsche Morgan Grenfell Group plc v Inland Revenue Commissioners [2006] UKHL 49; [2007] 1 AC 558
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
Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70 (HL)

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