Frederick Wilmot-Smith, ‘Should the Payee Pay?’

Other things being equal, the recipient of a mistaken payment must pay the money back. I argue that no one has given a good explanation of this rule; in particular, I argue that justifications have failed to explain why the payee is the appropriate person to fix the payor’s problem.

Frederick Wilmot-Smith, Should the Payee Pay?, Oxford Journal of Legal Studies, Published: 25 October 2017.

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