The passing on defence ie whether the damages suffered by a purchaser of a product which has been the subject of a cartel are reduced if he passes on the . France and the uk try to grapple with a key issue when cartel victims sue for damages. The identity and existence of a loss based defence in the law of unjust enrichment is disputed widely known as passing on but better identified as. The passing on defence is frequently invoked by defendants as a defence to claims for restitution the defence was invoked by the province in kingstreet invest. Get this from a library the defence of passing on michael rush the identity and existence of a loss based defence in the law of unjust enrichment is disputed
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