contract. The now-abolished forms of action cast a long shadow: a claim for money had and received evolved from the writ of indebitatus assumpsit, a legal fiction that the parties had an implied agreement that upon discharge for breach or frustration that the subject matter of the original agreement would be returned. An alternative form of action lay in debt. In Holmes v Hall (1677) 2 Mod 260, it was recognised that where concurrent claims existed and a claim in assumpsit indebitatus was available, the claim in assumpsit operated to exclude other claims. In the 'modern' language of Dutch v Warren (1720) 1 Stra 406, '[the defendant] has given the plaintiff an option to disaffirm the contract, and recover the consideration he was paid for it in the same manner as if it had never existed....but then the contract must be totally rescinded...;since otherwise, the contract is affirmed by the plaintiff's having received part of that equivalent for which he has paid his consideration, and it is then reduced to a mere question of damages proportionate to the extent to which it remains unperformed.' See also Baltic Shipping Company v Dillon (1993) 176 CLR 344 , Italian cruise ship which ran aground off Italy in 2012, in – possibly – roughly similar circumstances – close to shore, but, unlike Mikhail Lermontov, without a pilot on board. , Egyptian roll on/roll off ferry sunk in similar circumstances Notes Further reading External links New Zealand Disasters – Shipwreck: Mikhail Lermontov The Last Cruise of the Mikhail Lermontov at NZ Maritime Record A full-length documentary made in 2000, "Destination Disaster: The Sinking of the Mikhail Lermontov". Free to view on NZ On Screen. A full-length documentary, featuring dive footage, made in 1986, "Mikhail Lermontov". Free to view on NZ On Screen. Lermontov Wreck Dive Tours Go Dive Marlborough, Picton, New Zealand AP News Archive — Government report blames pilot for loss of Soviet ship 1970 ships 1986 in New Zealand 1986 in the Soviet Union New Zealand–Soviet Union relations East Germany–Soviet Union relations Maritime incidents in 1986 Ocean liners Ships built in East Germany Passenger ships of the Soviet Union Shipwrecks of the Cook Strait History of the Marlborough Region Wreck diving sites Mikhail Lermontov Ships built in Wismar Marlborough Sounds 1980s in New Zealand Ships of Black Sea Shipping Company