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Legal Terms - change of position
In Lipkin Gorman v. Karpnale Ltd [1991] 2 AC 548 (HL), Lord Goff first expressly acknowledged a defense to a demand for restitution for unjust enrichment. The defendant can use the defense to offset the amount of disenrichment he has experienced but would not have otherwise incurred if not for the enrichment. In Lipkin Gorman, the wealthy casino was had to reimburse sums collected from an obsessive gambler who had gained the stake money through dishonest means. But the amount of money the casino had given the player offset the scope of its obligation.
In Lipkin Gorman v. Karpnale Ltd [1991] 2 AC 548 (HL), Lord Goff first expressly acknowledged a defense to a demand for restitution for unjust enrichment. The defendant can use the defense to offset the amount of disenrichment he has experienced but would not have otherwise incurred if not for the enrichment. In Lipkin Gorman, the wealthy casino was had to reimburse sums collected from an obsessive gambler who had gained the stake money through dishonest means. But the amount of money the casino had given the player offset the scope of its obligation.
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