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KembaraXtra – Legal Terms – Money Had and Received
Money had and received was formerly a legal basis for bringing a court action where one person possessed money that rightfully belonged to another.
The action commonly arose where an intermediary, such as an agent, received money on behalf of someone else but failed to pass it on. The law treated the recipient as unjustly holding money belonging to the claimant.
This form of action developed under the older common-law system and was linked to principles of fairness and unjust enrichment.
Modern law has largely absorbed the concept into the broader doctrine of restitution and unjust enrichment.
Although the old procedural form no longer exists separately, the principle remains influential in modern claims for recovery of money wrongfully retained.
Money had and received was formerly a legal basis for bringing a court action where one person possessed money that rightfully belonged to another.
The action commonly arose where an intermediary, such as an agent, received money on behalf of someone else but failed to pass it on. The law treated the recipient as unjustly holding money belonging to the claimant.
This form of action developed under the older common-law system and was linked to principles of fairness and unjust enrichment.
Modern law has largely absorbed the concept into the broader doctrine of restitution and unjust enrichment.
Although the old procedural form no longer exists separately, the principle remains influential in modern claims for recovery of money wrongfully retained.
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