@article{a3ddd164-c48c-47d9-84cb-13c1c13f77cb,
author = {Jan  Halberda},
title = {Arguments of a Legal Historical Nature as Found in Judicial Decisions taken by the House of Lords at the turn of the 21st Century and Illustrated by References to the Case Moses v. MacFerlan 1760},
journal = {Cracow Studies of Constitutional and Legal History},
volume = {Volume 8 (2015)},
number = {Volume, 8 Issue 2},
year = {2015},
issn = {2084-4115},
pages = {199-214},keywords = {legal history; England; English law; common law; restitution; unjust enrichment.},
abstract = {Through an analysis of cases of unjust enrichment (law of restitution), and investigation of the lines along which the judges invoked the landmark case of Moses v. MacFerlan (1760), the author of the paper discusses the role played by legal history in disputes carried on in the House of Lords. After elaborating the details of the aforementioned case (2), he presents the doctrine of implied contract that prevailed in the 19th century (3), and discusses the opinions of the Lords articulated at the turn of the twenty-first century on the occasion of their discussing the meaning of the principle of unjust enrichment (4a). Likewise he discusses the introduction into English law of the change of position defense (4b), and comments on court decisions on interest (4c). Finally, the author investigates references to legal history as made in order to justify the overruling of precedent (5).},
doi = {10.4467/20844131KS.15.012.3818},
url = {https://ejournals.eu/en/journal/kshpp/article/argumentacja-historyczno-prawna-w-orzecznictwie-izby-lordow-przelomu-xx-i-xxi-wieku-na-przykladzie-nawiazan-do-sprawy-moses-v-macferlan-z-1760-roku}
}