Moses v Macferlan

Moses v Macferlan (1760) 2 Bur 1005 is a foundational case in the law of restitution holding that in certain circumstances such as when money is paid by mistake, for failed consideration or under oppression; the law will allow the money to be recovered.

Moses v Macferlan
Lord Mansfield
CourtCourt of King's Bench
Decided19 May 1760
Citation(s)(1760) 2 Bur 1005; 97 ER 676; [1558–1774] All ER Rep 581
Transcript(s)Available here
Court membership
Judge(s) sittingLord Mansfield
Keywords
Law of restitution, Money had and received, Assumpsit
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