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#equity #law #tracing
Requirements for the Change of Position Defence
Lord Goff required two things for the recipient’s actions to count as a relevant change of position:
1. Expenditure by the recipient in reliance on the payment he had received, so that the recipient was ‘disenriched’.
2. That the expenditure was extraordinary, in the sense that it would not have been incurred but for receipt of the claimant’s funds.
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