University:
Touro College
Course:
LAWN770 | Business Organizations I
Academic year:

2023
Views:

364

Pages:

2
Author:

Tyree Sutton

READING v. REGEM [1948] 2 KB 268, [1948] 2 All ER 27, [1948] WN 205 FACTS: Parties: Plaintiff: Defendant: Procedural History:  Relevant Facts:  Π received money for taking a shipment from one place in Cairo to another while in military dress  Money was confiscated by the military ISSUE:  Whether money earned while Π was violating his duties is Π’s money PARTIES’ ARGUMENTS: Plaintiff:  Defendant:  Bribes were received because of military employment  Any money received was being held for the crown  Π was employee of crown DISPOSITION OF THE COURT:  Dismissed RULE OF LAW:  If a servant takes advantage of his service and violates his duty of honesty and good faith to make a profit for himself, in the sense that the assets of which he has control, the facilities which he enjoys, or the position which he occupies, are the real cause of his obtaining the money as distinct from merely affording the opportunity for getting it then he is accountable to his master HOLDING:  The money belongs to the crown COURT’S REASONING:    If a servant has unjustly enriched himself by virtue of his service without his mater’s sanction, he ought not to be allowed to keep the money Π was wearing the king’s uniform and his position as a solider is the sole cause of getting the money and he got it dishonestly Π received the money by virtue of his employment

Reading v. Regem - Lecture Notes 11

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