change of position

See: deviation

change of position

in the law of restitution, the defence to a claim that the defendant has changed his position as a result of receiving the money value that is said to be an unjust enrichment in his hands. It has to be a genuine alteration of position as opposed to a simple spending of money; for example, spending a mistaken payment received on a yacht as opposed to using the payment for ordinary routine bills.
References in classic literature ?
Thus, while our own change of positions is known to embrace an orbit of about 200,000,000 of miles, it is nevertheless so trifling as to produce no apparent change of position in thousands of the fixed stars that are believed to be the suns of other systems.
She then became conscious that he was observing her; but she would not show it by any change of position, though the curious dream-like fixity disappeared, and a close eye might easily have discerned that the rosiness of her face deepened, and then faded till only a tinge of it was left.
Prentice was unable to rely upon the change of position defence.
The change of position is going to be good for me," revealed Cording, who has also featured for the Giants at stand-off at Under 20s level.
Since its inception into Australian law less than two decades ago, change of position has become firmly established as the most important defence to a claim for restitution based on the concept of unjust enrichment.
Initially the UK shared this view but, following a radical change of position, now vigorously contests it.
Zoffinger indicated that his change of position was prompted more by mounting pressure against him rather than his belief that the project will be a profitable one for New Jersey.
After publishing Part of "A License to Coach" in August, we discovered that we had been dilatory in reporting a change of position in the National Soccer C p aches Association of America (NSCA A).
After a change of position, a touch of a switch reconforms the bladders.
When asked about Garcetti's change of position, Gibbons denied that the District Attorney's Office had ever said anything other than Rosenkrantz should remain in jail.
Solomon said he understood Alarcon's initial concerns, but was gratified at his change of position.
06 ERA and two saves during his three years as a pitcher at UCLA, but his former pitching coach suggested a change of positions if Conine wanted to play professionally.