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.
the favorite, the confidant, the first man, in short, at the court, he had been obliged to yield his place to Mazarin and so became the second in influence and favor; and eventually, as he was stupid enough to be vexed at this change of position, the queen had had him arrested and sent to Vincennes in charge of Guitant, who made his appearance in these pages in the beginning of this history and whom we shall see again.
She nestled against him, and then, with a change of position, her hands crept up and rested upon his neck.
Thanks to this change of position, he was able to listen to the ballad with far less embarrassment than before.
I tried to raise my free hand to take a second hold above my first, but the change of position that resulted caused me to slip more rapidly toward the end of the rope.
If any other corroborative testimony had been required, it would have been abundantly furnished in the actions of Miss Miggs, who, having arrived at that restless state and sensitive condition of the nervous system which are the result of long watching, did, by a constant rubbing and tweaking of her nose, a perpetual change of position (arising from the sudden growth of imaginary knots and knobs in her chair), a frequent friction of her eyebrows, the incessant recurrence of a small cough, a small groan, a gasp, a sigh, a sniff, a spasmodic start, and by other demonstrations of that nature, so file down and rasp, as it were, the patience of the locksmith, that after looking at her in silence for some time, he at last broke out into this apostrophe:--
The scout seemed willing to comply; but, in the hurry of the moment, and in the change of position, he had lost the direction.
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.
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).