Restitution

Question 1

Elements

Answer 1

Has the def received an enrichment?
Was it received at the claimant’s expense?
Was it received in circumstances of injustice?
Do any defences apply?

• Banque Financiere, endorsed in ITC, Benedetti and Menelaou (but Lord Clarke stated they are no more than broad headings for the ease of exposition and there may be considerable overlap between them)

Question 2

Purpose of law of UE

Answer 2

to correct normatively defective transfers of value, usually by restoring the parties to their pre-transfer positions, reflecting an Aristotelian conception of justice as the restoration of balance which has been disrupted (ITC, SC)