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.
Upon reflection, it is challenging to imagine instances which will meet these tests of 'change of position.' Most people receiving a windfall will have a legal obligation to pay it back when asked.
Justice Reyes, Jr., to the Supreme Court...petitioner cannot help, with all due respect, but roll his eyes over the reflections and the sudden change of position of the Hon.
"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.
* SIR - I note with interest the reported change of position by Labour in Wales with respect to the devolution of powers over taxation (May 23).
[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.
This may be a change of position, which I am encouraged by."
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.
The veteran boss is set for a change of position with his former sidekick Mick Harford due to join as first-team coach.
In a change of position the captain of Solihull-based rugby club Pertemps Bees has signed up for one of its sponsor companies as a development surveyor.