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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Brown v Galbraith ： ウィキペディア英語版 Brown v Galbraith ''Brown and Davis v Galbraith'' () 1 WLR 997 is an English unjust enrichment law case, concerning to what extent enrichment of the defendant must be at the expense of the claimant. ==Facts== Brown and Davis sued Mr Galbraith for their price in repairing Mr Galbraith’s Lotus after a collision, because his insurer had gone insolvent. Mr Galbraith's comprehensive insurance policy, said he would pay £25 on any claim, and the insurance company would cover the rest. The garage's quote was labour costs of £165, and spare parts coming up to £373, with the excess deducted. The insurers’ assessor completed a document on 21 July 1970 authorising repair only at a lower sum, though Mr Galbraith was not told. It said ‘To be collected by repairer – excess £25 and contribution £4 10s to towing’. And ‘N.B. The insured’s confirmation should be obtained concerning these items.’ The work was done, Mr Galbraith collected the car, the garage billed the insurer, but Mr Galbraith did not agree the repairs were satisfactory and so the insurers did not pay. The garage sued Mr Galbraith in the County Court. The insurance company went insolvent. The repairers agreed they had looked to the insurers for payment generally. Croydon County Court Judge held there were two contracts, one between the insurers and the garage in the 21 July document, and two an implied contract between the garage and the owner for payment if the insurers did not come up. Therefore the owner could be liable for the full sum. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Brown v Galbraith」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.