Exall v Partridge

Exall v Partridge (1799) 101 ER 1405 is an English unjust enrichment law case, concerning enrichment through discharge of a debt, and the unjust factor of legal compulsion to give another a benefit.

Facts Exall left his carriage on Partridge's land for repair. Partridge, a coachbuilder, was a co-tenant with the other defendants but the only one in occupation after having been assigned their interests. The rent was not paid and the landlord, Mr Welch seized Exall's carriage as distress, as was lawful. Exall paid the rent to recover the carriage and then sued Partridge and the other defendants to get his money back.See A Burrows, E McKendrick and J Edelman, Cases and Materials on Restitution (OUP 2006) p. 504

Judgment The Court of King's Bench held the money could be recovered. Lord Kenyon CJ gave the first speech.

Grose J concurred.

Lawrence J concurred. So did Le Blanc J.

Exall v Partridge

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