Where a defendant's only defence to a contractual claim is that the plaintiff was not a party to the contract, the plaintiff's alternative claim for money had and received is not precluded by the Mann v Paterson/Lumbers principle that restitutionary claims must respect contractual regimes, because on the defendant's own case there is no contractual relationship between the parties that would be disturbed. The case also illustrates that a claim for money had and received may be sufficiently pleaded by incorporation of factual allegations from an alternative contractual claim.
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