Money had and received

An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit. The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration. The action was a personal action only available in respect of money, rather than other benefits. Where the benefit received by the defendant was services or goods, the appropriate action was a quantum meruit or a quantum valebant, respectively.

The action for money had and received formed a part of the law of quasi-contract. Although the forms of action were abolished in the mid-19th century, reference continues to be made to the action in modern pleading.[1] The terminology of "quasi-contract" has been replaced by the more modern terminology of unjust enrichment in most common law jurisdictions.

Case law
gollark: Those cannot always deliver enough power.
gollark: Maybe your network or power supply is wrong.
gollark: ``` ____ ___ _ _ ____ _ _ __ __ _____ / ___/ _ \| \ | / ___|| | | | \/ | ____|| | | | | | \| \___ \| | | | |\/| | _| | |__| |_| | |\ |___) | |_| | | | | |___ \____\___/|_| \_|____/ \___/|_| |_|_____| __ __ _____ __ __ _____ _____ ___ ____ | \/ | ____| \/ | ____|_ _|_ _/ ___|| |\/| | _| | |\/| | _| | | | | | | | | | |___| | | | |___ | | | | |___ |_| |_|_____|_| |_|_____| |_| |___\____| ____ _____ _____ ___ _____ _____ | __ )| ____| ____|_ _|_ _| ____|| _ \| _| | _| | | | | | _| | |_) | |___| |___ | | | | | |___ |____/|_____|_____|___| |_| |_____| ```
gollark: Except me, since I just checked.
gollark: My RPi runs Void, although who knows if it's actually on/working.

See also

Notes
  1. Cf. Graham Virgo, The Principles of the Law of Restitution (3rd ed, 2015).
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