Is there a claim for money had and received available to recover from a defendant?
British Columbia, Canada
The following excerpt is from Topouzis v. Abboud, 2012 BCSC 228 (CanLII):
In Moses v. Macferlan (1760), 2 Burr. 1005 at 1012, Lord Mansfield explained that generally a claim for money had and received is available to recover moneys paid to a defendant which “ex aequo et bono [according to the right and good] the defendant ought to refund”: ... [I]t lies for money paid by mistake; or upon a consideration which happens to fail; or for money got through imposition, (express, or implied) or extortion; or oppression; or an undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances....
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