 | William Mark McKinney - Law - 1918 - 1444 pages
...fact that he had the means of knowledge of the fact.* Of course if the money is intentionally paid without reference to the truth or falsehood of the...plaintiff meaning to waive all inquiry into it, and intending that the person receiving shall have the money at all events, whether the fact be true or... | |
 | Institute of Bankers (Great Britain) - Banks and banking - 1927 - 648 pages
...I do not think it can be sustained in point of " law. If, indeed, the money is intentionally paid, without " reference to the truth or falsehood of the...whether the fact be true or " false, the latter is certainly entitled to retain it ; but if it is paid " under the impression of the truth of a fact which... | |
 | Law reports, digests, etc - 1913 - 1150 pages
...authority, I do not think it cari be sustained in point of law. If, indeed, the money is intentionally paid, without reference to the truth or falsehood of the...events, whether the fact be true or false, the latter is certainly entitled to retain it : but, if it is paid under the impression of the truth of a fact which... | |
 | Law - 1926 - 870 pages
...I do not think it can be sustained in point of " law. If, indeed, the money is intentionally paid, without " reference to the truth or falsehood of the...whether the " fact be true or false, the latter is certainly entitled to " retain it; hut if it is paid under the impression of the truth " of a fact... | |
 | Sonja Meier - Conflict of laws - 1999 - 456 pages
...paid under a mistake of fact. (2) His claim may however fail if (a) the payer intends that the payee shall have the money at all events, whether the fact be true or false, or is deemed in law so to intend; or (b) the payment is made for good consideration, in particular... | |
 | Graham Virgo - Law - 1999 - 892 pages
...Ltd.22 when he said that restitution for mistake would be denied where 'the payor intends that the payee shall have the money at all events whether the fact be true or false, or is deemed in law so to intend'. Ultimately, whether the plaintiff is considered to have acted voluntarily... | |
 | Peter Schlechtriem - Restitution - 2000 - 958 pages
...orfalsebood ofthe fact, the plaintiff meatting to waive all inquiry into it and that the person recewing it shall have the money at all events, whether the fact be true or false, the latter is certainly entitled to retain it; but ifit is paid 1mder the Impression ofthe trnth ofa fact which is... | |
 | Jason W. Neyers, Mitchell McInnes, Stephen G.A. Pitel - Law - 2004 - 430 pages
...such that the plaintiff means to 'waive all inquiry into it, and that the person receiving the payment shall have the money at all events, whether the fact be true or false': Brisbane v Dacres (1813) 5 Taunt 143, 152; 128 ER 641, 645. See also S Arrowsmith, 'Mistake and the... | |
 | Dennis Solomon - Law - 2004 - 422 pages
...paid under a mistake of fact. (2) His claim may however fail if (a) the payer intends that the payee shall have the money at all events, whether the fact be true or false, or is deemed in law so to intend; or (b) the payment is made for good consideration, in particular... | |
 | Andrew Tettenborn - Law - 2001 - 348 pages
...Callisher v Bischoffsheim (1870) LR 5 QB 449, p 451. 6 'If, indeed, the money is intentionally paid, without reference to the truth or falsehood of the fact, the plaintiff meaning to waive all enquiry into it, and that the person receiving shall have the money at all events, whether the fact... | |
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If, indeed, the money is intentionally paid, without reference to the truth or falsehood of the fact, the plaintiff meaning to waive all inquiry into it, and that the person receiving shall have the money at all events, whether the fact be true or false,... 
