Account

J. Baker
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Abstract

The writ of account was designed to make the defendant render an account of moneys received from or on behalf of the plaintiff. Only when the existence and exact extent of any indebtedness was established by audit could the plaintiff recover the debt as a liquidated sum. The cases in this chapter show how the action was extended from actions against bailiffs to reach non-contractual receivers of money. The bailiff actions were based on contract, the latter on quasi-contract (or restitution); but the action did not extend to the receipt of money by wrongdoers. There was much discussion of the defences which could be pleaded to the action, by way of denying accountability, as opposed to those which could only be pleaded before the auditors.
账户
账目令状的目的是让被告提供一份从原告或代表原告收到的款项的账目。只有当任何债务的存在和确切程度被审计确定时,原告才能作为清算金额收回债务。本章的案例说明了诉讼是如何从针对法警的诉讼扩展到非合同收款人的。法警的诉讼基于合同,后者基于准合同(或赔偿);但这一行动并没有扩大到不法分子收钱的行为。有很多人讨论了可以为行为辩护的方式,即否认责任,而不是只能在审计员面前辩护。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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