ABSTRACT
Under the common law, which is in effect in the Republic, restitution is severely restricted. In particular, it was held in Cowern v Nield83 that a minor who agreed to sell goods, but failed to deliver them, could not be sued for return of the price as money paid for a consideration that had totally failed. In the later case of Leslie (R) Ltd v Shiell,84 a similar result followed, denying any restitutionary remedy to a lender of money against a minor who had lied about his age. The only exceptions were that if the minor was guilty of fraud and still had the money or property concerned, equity could order him to return it;85 and that, where he obtained property by fraud which he then sold, he could similarly be made liable for the sale proceeds by way of restitution for the wrong of deceit.86 Similarly, it would seem that a person supplying goods and services to a minor under a contract later rescinded for breach by the latter would not be entitled to restitutionary recovery, since it would offend against the policy of denying effect to minors’ contractual obligations to make them pay even a reasonable price for what was supplied.87
