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I don't know about the case details, but Brigate might argue that Citibank paid Revlon's debt. There is nothing stopping you from clearing someone else's debt.
by terminalcommand 6y ago
I don't know about the case details, but Brigate might argue that Citibank paid Revlon's debt. There is nothing stopping you from clearing someone else's debt. It is as easy as doing a bank transfer.
Unjust enrichment argument would be much stronger if Citibank did not have any involvement with the parties. For example if I send my money to an account numbered 100001 but I intended to send it to 1000011, I could argue that I don't know the account holder 100001 and I sent the money by mistake.
Classical contract law is a byzantine beast, and it does not take mistakes lightly. Brigade might have thought that they secured an interest-free loan and want to use it. This would undermine Brigade's credibility and completely mess with their relationship with Citibank. But they might have thought what the hell, we get free financing.
They also might be holding this as leverage against Citibank, if Citibank needs those funds urgently, they'll have to settle.
- 1024core 6y ago> There is nothing stopping you from clearing someone else's debt. But Citibank was not "someone else". Citibank was Revlon's banker. Imagine if you used BankOfAmerica to pay off your credit card bills monthly. Now imagine that you owe your CC a large amount, but are paying it off month-by-month (using BoA, as always). One month, BoA takes all of the owed money out of your account and sends it to you CC company, thereby paying off your CC debt. How is the CC to know whether you meant it or not?
- binbag 6y agoBut they didn’t take the money out of Revlon’s account. They just paid it from their own funds.
- 1024core 6y agoThat's irrelevant here. "Money" is just bits in some DB. The point is, BoA sent money to the CC company, like they always do. How is the CC company to know where the money originated from?
- valuearb 6y agoBecause they were told by BoA?
- fgonzag 6y agoThe same way you'd know your employer overpayed if your monthly deposit somehow skyrocketed by 10 times. No you didn't get a 10x raise, there was a mistake somewhere down the line. Also, they know simply because BoA told them immediately. I can't believe people advocating what is clearly stealing.