A payment made by a person without compulsion, intending to discharge another’s debt, will not discharge that debt unless he acted with that other’s authority or if that other subsequently ratifies the payment.
Judges:
Pill LJ
Citations:
[2002] All ER (Comm) 89
Jurisdiction:
England and Wales
Citing:
See Also – Crantrave Ltd (In Liquidation) v Lloyd’s Bank Plc CA 18-May-2000
The bank received a garnishee order nisi, but acted before it was made absolute to pay the judgment creditor.
Held: The bank had no defence against the customer claiming restitution relying on the equitable doctrine that one person paying the . .
Cited by:
Cited – Treasure and Son Ltd v Dawes TCC 15-Sep-2008
The defendant had been ordered to pay substantial fees to the claimant by the adjudicator. The defendant claimed that payment had been made on his behalf. . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 10 May 2022; Ref: scu.276499