Fischer, Martin Jason; (2023) Restitution of Mistaken Payments. Doctoral thesis (Ph.D), UCL (University College London).

Text Martin Fischer - Restitution of Mistaken Payments.pdf - Submitted Version Access restricted to UCL open access staff until 1 January 2029. Download (1MB)

Abstract

This thesis investigates the restitutionary liability incurred by the recipient of a mistaken payment. The thesis has three principal aims. The first is, to clarify that the recipient’s liability following a mistaken payment is not explained by the mistaken payor having been caused to act by a mistaken belief nor by the mistaken payor’s having acted with a conditional or impaired intention when making the payment. The second is to show that the recipient’s liability is explained by a mistake which the payor makes in acting, namely that the mistaken payor is acting for a reason about which she is mistaken. Her actions and their outcomes, it is argued, give the mistaken payor, and the recipient, a reason to remedy her mistake by reversing the transfer of money which constitutes the payment. The third aim is to explain how it is this reason which the recipient has, to remedy the payor’s mistaken payment, which grounds the recipient’s restitutionary liability.

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