Banker's Right to Recover Money Paid by Mistake

Authors

  • H.M. Zafrullah

Keywords:

Banker's right, English law, Roman-Dutch law, mistake of fact, recover money paid, Moses v Macferian, Sadler v Evans, natural justice, equity, unjust money, aequo et bono, Kelly v Solari, Standish v Ross, Sinclair v Brougham, equitable nature, unjust enrichment, condictio indebiti

Abstract

The object of this article is to cover both English and Roman-Dutch law on the subject of the banker's right to recover money paid under a mistake of fact. Restitution in English law is based on a quasi-contractual action also known as an action for money had and received. In Roman Dutch law such payment is recoverable under the action condictio indebiti, a species of the enrichment actions known to that legal system. The origin of the condictio indebiti can be traced back to the classicial period of Roman Law. 

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Published

2019-01-12

How to Cite

Zafrullah, H. (2019). Banker’s Right to Recover Money Paid by Mistake. Journal of Malaysian and Comparative Law, 9(1 and 2), 102–137. Retrieved from https://jati.um.edu.my/index.php/JMCL/article/view/15893