Exall v Partridge explained

Exall v Partridge
Court:Court of King's Bench
Date Decided:8 June 1799
Citations:(1799) 8 TR 308, 101 ER 1405, [1775-1802] All ER Rep 341
Judges:Lord Kenyon CJ, Grose, Lawrence and Le Blanc JJ

Exall v Partridge (1799) 101 ER 1405 is an English unjust enrichment law case, concerning enrichment through discharge of a debt, and the unjust factor of legal compulsion to give another a benefit.

Facts

Exall left his carriage on Partridge's land for repair. Partridge, a coachbuilder, was a co-tenant with the other defendants but the only one in occupation after having been assigned their interests. The rent was not paid and the landlord, Mr Welch seized Exall's carriage as distress, as was lawful. Exall paid the rent to recover the carriage and then sued Partridge and the other defendants to get his money back.[1]

Judgment

The Court of King's Bench held the money could be recovered. Lord Kenyon CJ gave the first speech.

Grose J concurred.

Lawrence J concurred. So did Le Blanc J.

See also

Notes and References

  1. See A Burrows, E McKendrick and J Edelman, Cases and Materials on Restitution (OUP 2006) 504