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The Principles of the Law of Restitution$
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Graham Virgo

Print publication date: 2015

Print ISBN-13: 9780198726388

Published to Oxford Scholarship Online: September 2015

DOI: 10.1093/acprof:oso/9780198726388.001.0001

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Defences Arising from Changes in the Defendant’s Circumstances

Defences Arising from Changes in the Defendant’s Circumstances

(p.666) 25 Defences Arising from Changes in the Defendant’s Circumstances
The Principles of the Law of Restitution

Graham Virgo

Oxford University Press

The defendant’s circumstances can sometimes change to such an extent after he or she has obtained a benefit that it is no longer just for the defendant to make full restitution of the benefit received. In such cases the defendant may be able to rely on one of three defences to defeat or circumscribe the restitutionary claim. This chapter discusses the following defences in turn. The first defence considered is estoppel, and the conditions and consequences of this defence are discussed. Next, payment by an agent to his or her principal is considered, explaining the features and rationale of the defence. Finally, change of position is discussed. The availability of each defence will depend on the reason why the defendant’s circumstances have changed.

Keywords:   defences, defendants, changed circumstances, restitution, estoppel, payment by agent, change of position

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