The Recovery of Unauthorized Disbursements of Public Funds (1980)

LRC Reports

Keywords: recovery; restitution; disbursement; expenditure; public; fund; money; authority; unauthorized; defence; estoppel; mistake; government; crown; interest; loss; Financial Administration Act; Crown

The common law has formulated an absolute rule that holds that the government has an unqualified right to recover money disbursed from public funds without the requisite statutory authority. This project examines whether reforms are needed to alleviate the hardships that may flow from the strict application of that rule.

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