Moses v Macferlan | |
---|---|
Court | Court of King's Bench |
Decided | 19 May 1760 |
Citation | (1760) 2 Bur 1005; 97 ER 676; [1558–1774] All ER Rep 581 |
Transcript | Available here |
Court membership | |
Judge sitting | Lord Mansfield |
Keywords | |
Law of restitution, Money had and received, Assumpsit |
Moses v Macferlan (1760) 2 Bur 1005 is a foundational case in the law of restitution holding that in certain circumstances such as when money is paid by mistake, for failed consideration or under oppression; the law will allow the money to be recovered.