The Remedy Of "Money Had And Received."

Over the years, the courts have developed various remedies to allow for the recovery of money in circumstances where fairness simply demands it. These remedies arise in situations where there is no legal or contractual relationship between the parties that might otherwise ground such a claim. Situations like this arise where one person pays another sums of money under the mistaken belief that the funds are lawfully owed. This happens when a bank makes a mistake and credits your account with funds they were supposed to pay to someone else or where they put an extra zero on the amount of a deposit. In order to address such cases, and relying on equitable principles, the courts developed restitutionary remedies such as "unjust enrichment" and "money had and received." These remedies are what the press often derisively call "judge made law."