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In the English Court of Appeal decision R. Leslie Ltd v. Sheill (1914), the court distinguished restitution from an order to repay a loan. Which borrower was the subject of that distinction?

Question and options

In the English Court of Appeal decision R. Leslie Ltd v. Sheill (1914), the court distinguished restitution from an order to repay a loan. Which borrower was the subject of that distinction?

  1. A borrower whose capacity was affected by wartime enemy status

  2. A borrower whose capacity was limited by a corporate charter

  3. A borrower who lacked capacity because of mental impairment

  4. A borrower who was a minor at the time of borrowing

Answer and explanation

Correct answer: D - A borrower who was a minor at the time of borrowing

The borrower had obtained the loan while a minor by representing himself as an adult. The court distinguished restoration of property from imposing a personal liability that would in substance enforce the loan repayment obligation.

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