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Restitutionary claims in “failed” loan documentation

29 May 2024 / Author(s): Paul Stanley KC
Issue: October 2021 / Categories: Feature

Most loan agreements are carefully drafted documents designed to operate through carefully specified mechanisms. But when a contract fails for some reason, or stops applying, the borrower is likely to be required to repay the money that has been obtained through a restitutionary claim. What are the bases for such claims? And how do they relate to the intended contractual provisions?

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