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In Leslie (R.) Ltd. v. Sheill (1914), the court used the maxim “Restitution stops where repayment…

Leslie (R.) Ltd. v. Sheill concerned a minor who obtained a loan by misrepresenting his age. The court distinguished restoring property from ordering repayment in a way that…

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In Leslie (R.) Ltd. v. Sheill (1914), the court used the maxim “Restitution stops where repayment begins” in relation to which class of borrowers?

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Correct answer C

Leslie (R.) Ltd. v. Sheill concerned a minor who obtained a loan by misrepresenting his age. The court distinguished restoring property from ordering repayment in a way that would enforce the loan.

In India, section 33(2)(b) of the Specific Relief Act, 1963 separately allows a court to order restoration of a benefit, so far as possible and to the extent the defendant or the defendant’s estate benefited, when the defendant successfully resists enforcement for lack of capacity under section 11 of the Indian Contract Act, 1872.

Option feedback

Option A

The case concerned minority as opposed to incapacity based on unsoundness of mind.

Option B

The court did not consider restrictions on dealings with alien enemies.

Option C

The case concerned a minor’s loan and the limits of equitable restitution.

Option D

The borrower’s minority, rather than insolvency, was the issue.

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