Action for money had and received is a legal action in which one party sues another to reclaim money that was paid to the defendant, but the plaintiff believes they have a rightful claim to it. This situation may arise if the payment was made by error or under pressure, or if the payment was not adequately compensated for. In essence, the plaintiff is asserting that the defendant possesses their money unjustly and should return it.
Money had and received is a legal action that allows a plaintiff to reclaim money paid to the defendant. This money is typically recoverable when it was paid by mistake, under compulsion, or due to insufficient consideration. For instance, if someone pays for a service that was not provided, they can initiate a money had and received action to retrieve the payment. Similarly, if a person mistakenly pays a debt that was already settled, they can pursue this action to recover the payment. The underlying principle of this action is unjust enrichment, which asserts that individuals should not be allowed to retain money they did not rightfully earn or deserve.
An action for money had and received is a legal claim that allows one party to recover money that has been unjustly received by another party. It is based on the principle that it is unfair for someone to keep money that does not rightfully belong to them.
To succeed in an action for money had and received, the plaintiff must prove that the defendant received money that rightfully belongs to the plaintiff, that the defendant has no legal or equitable right to keep the money, and that it would be unjust for the defendant to retain the money.
Examples include situations where someone mistakenly pays another person or entity, where a contract is rescinded or found to be unenforceable, or where someone receives money as a result of fraud or mistake.
Yes, an action for money had and received can be brought against a government entity if the requirements for the claim are met. However, there may be specific procedures or limitations when suing a government entity, so it is advisable to consult with an attorney.
The time limit for filing an action for money had and received varies depending on the jurisdiction and the specific circumstances of the case. It is important to consult with an attorney to determine the applicable statute of limitations.
Yes, an action for money had and received can typically be brought in small claims court, as long as the amount in dispute falls within the court’s jurisdictional limits. Small claims court is designed to handle relatively simple and low-value disputes.
The main remedy sought in an action for money had and received is the return of the money that was unjustly received. In some cases, the court may also award interest on the amount owed or other damages, depending on the specific circumstances.
Yes, an action for money had and received can be brought against a deceased person’s estate if the requirements for the claim are met. The claim would typically be made against the executor or administrator of the estate.
Yes, an action for money had and received can be brought against a business or corporation if the requirements for the claim are met. The claim would typically be made against the entity itself or its representatives.
Yes, an action for money had and received can be brought in addition to other legal claims, such as breach of contract or fraud. It is often used as an alternative or additional claim to ensure that the plaintiff has the best chance of recovering the money owed.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/action-for-money-had-and-received/
- Modern Language Association (MLA):Action For Money Had And Received. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/action-for-money-had-and-received/.
- Chicago Manual of Style (CMS):Action For Money Had And Received. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/action-for-money-had-and-received/ (accessed: May 09 2024).
- American Psychological Association (APA):Action For Money Had And Received. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/action-for-money-had-and-received/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts