circuity of action การใช้
- It may be that this rule relating to " undisclosed principals, " which is peculiar to English law, can be rationalized as avoiding circuity of action, for the principal could in equity compel the agent to lend his name in an action to enforce the contract against the contractor, and would at common law be liable to indemnify the agent in respect of the performance of the obligations assumed by the agent under the contract.
- Even if it was not, the Crown had a valid counterclaim and . avoiding a circuity of action, could thus defeat the Appellant's claim . " It is ", he says, " a claim for restitution of moneys " which, in justice, ought to be paid over . " It was suggested in argument that the learned judge founded his decision solely upon the doctrine of unjust enrichment and that that doctrine was not recognised by the law of England.