판결 이유
English law recognises a cause of action in unjust enrichment (restitution) at common law. The defence of change of position is available where the defendant has changed their position in good faith in reliance on the receipt.
사실관계
A solicitor stole money from his firm's client account and gambled it at the Playboy Club. The firm sought to recover the money from the club.
판결 요약
The House of Lords held the firm could recover the money in a claim for money had and received. The club was enriched at the firm's expense without legal justification. However, the club could rely on a defence of change of position to the extent it had paid out on the solicitor's winnings.
주요 인용문
"Where an innocent defendant's position is so changed that he will suffer an injustice if called upon to repay or to repay in full, the injustice of requiring him so to repay outweighs the injustice of denying the plaintiff restitution."
— Lord Goff
후속 처리
Established the modern law of unjust enrichment and the defence of change of position in English law.