Conductio causa data causa non secuta

Conductio causa data causa non secuta is a ground for Unjustified Enrichment. It occurs when a transfer for an expected future purpose, and that purpose fails to materialise.

This can be things done in anticipation of a future marriage (Shilliday v Smith 1998), items transferred in advance in anticipation they will be used in a contract (Watson & Co v Shankland 1871, or transferred in a contract that is later frustrated Cantiere San Rocco v Clyde Shipbuilding Co 1923)

Definition
Unjust enrichment in this ground requires:


 * 1) The deliberate conferral of some benefit from one to another.
 * 2) The Reason for the conferral must be for a lawful purpose outwith a contract, or as a part in a future completion of a contract.
 * 3) Whatever the purpose was, it must fail to materialise; meaning there is no legal ground
 * 4) There must be no defence and redression must be equitable.

Defences

 * If the persuer knew that the purpose was impossible
 * If the persuer prevented the outcome in bad faith.