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A. INTRODUCTION (1) The Whitbread case (2) The factual circumstances held to raise an inference of ad hoc agency (3) The theory of ad hoc agency B. PAYMENT OF ANOTHER’S DEBT (1) The Scottish sources on payment of another’s debt (2) The first main issue: the power of a third party to discharge another’s debt (3) Safeguards for creditor and debtor in cases of payment of another’s pecuniary debt (a) Safeguards for the creditor (b) Safeguards for the debtor (4) Second main issue: claims by third party payer against debtor under unjustified enrichment, negotiorum gestio, assignation or subrogation (5) Precedents where third party’s payment to creditor was reimbursed by debtor (a) Third party’s payment of another’s debt to protect the debtor’s interest (b) Third party’s payment to protect his or her own interest C. WHITBREAD AND RELATED ISSUES FROM THE PERSPECTIVE OF AGENCY LAW

Payment of Another's Debt, Unjustified Enrichment and ad hoc Agency