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

Abstract
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, Volume 37, Issue 4, 1 December 2017, pages 844–861, https://doi.org/10.1093/ojls/gqx014.

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