| Back | Where a person gets property by another's mistake and is under an obligation to make restoration (in whole or in part)This only applies when a legal obligation to make restoration exists. Under the law of restitution, when someone is aware they have acquired property by mistake, they are under a legal obligation to restore it, even if the recipient is the legal owner, as then this is intention to permanently deprive.When the law of restitution applies, then S5(4) operates to make property belong to another. It does not create legal obligation to restitute. When mistakenly given, the person giving retains equitable interest in the property so it also belongs to them under S5(1) -> belongs to more than 1 person e.g. mistakenly overpaid in job |