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century, reference continues to be made to the action in modern pleading.[1] The terminology of "quasi-contract" has been replaced by the more modern terminology of unjust enrichment in most common law jurisdictions.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

See also

Notes

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