Total Failure of Consideration in UK Law
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Rover International Ltd v Cannon Film Sales Ltd
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The question whether there has been a total failure of consideration is not answered by considering whether there was any consideration sufficient to support a contract or purported contract. The test is whether or not the party claiming total failure of consideration has in fact received. any part of the benefit bargained for under the contract or purported contract.
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Crown Prosecution Service v Eastenders Group
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I use the expression "fundamental to the basis" because it should not be thought that mere failure of an expectation which motivated a party to enter into a contract may give rise to a restitutionary claim. Most contracts are entered into with intentions or expectations which may not be fulfilled, and the allocation of the risk of their non-fulfilment is a function of the contract.
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Westdeutsche Landesbank Girozentrale v Islington London Borough Council
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I do not see why a similar process of severance should not be applied where what has happened, in a purely financial matter, is that there has been a payment of money one way and a payment of smaller sums of money the other way. The effect of severance is that there has been a total failure of consideration in respect of the balance of the money which has not come back.
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Sharma and another v Simposh Ltd
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The confusion is caused by the fact that the term "consideration", when used in the phrase "total failure of consideration" as a reason for restitution, does not mean quite the same thing as it does when considering whether there is sufficient "consideration" to support the formation of a valid contract. Viscount Simon LC, explained this in Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32, 48:
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Stocznia Gdanska SA v Latvian Shipping Company and Others
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In truth, the test is not whether the promisee has received a specific benefit, but rather whether the promisor has performed any part of the contractual duties in respect of which the payment is due.
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Westdeutsche Landesbank Girozentrale v Islington London Borough Council
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That promise was ultra vires and void: therefore the consideration for the payment of the money wholly failed. The essence of the swap agreement is that, over the whole term of the agreement, each party thinks he will come out best: the consideration for one party making a payment is an obligation on the other party to make counter-payments over the whole term of the agreement.
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Nova (Jersey) Knit Ltd v Kammgarn Spinnerei G.m.b.H.
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Energy Act 2016
...... (1) so as to secure—(a) that the total amount of licensing levy which is payable in ... warrant, in the circumstances, its consideration by the OGA;(f) the OGA considers it unlikely ... a sanction notice in respect of that failure. . (2) If the OGA considers that there has a been ......
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Environment Act 2021
...... reporting period may include—(a) consideration of how progress could be improved, and(b) ...The OEP's enforcement functions . 31: Failure of public authorities to comply with .... (10) A report must set out— . (a) the total payments received under arrangements under this ......
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The Insolvency (England and Wales) Rules 2016
....... the purpose of the consideration; and . the outcome of the consideration .... (5) The statement must set out—(a) the total number of hours spent on the matter during that ... allowed, the liquidator must report the failure to the court, which may discharge the order ......
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Criminal Justice and Courts Act 2015
...... conditions imposed under section 62.(2) A failure to observe a code issued under this section does ... not prevent a court taking into consideration the nature of the evidence placed before it when ......
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The End of Chandler v. Webster
...... consideration that ha4 totally failed. Their Lordships ... had expressly held) only a partial failure of consideration. This again ignores ... advance was to be recoverable on a total failure of consideration, the next ......
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Retention of Title in the House of Lords: Unanswered Questions
...... on a different point, without consideration of the special problems of an all monies ... the grounds that there had been a total failure of the consideration for which it ......
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Restitution where an Anticipated Contract Fails to Materialise
......, such as a mistake of fact or a total failure of consideration, which is ......
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Law Commission Report on Pecuniary Restitution on Breach of Contract
...... recover money paid even for a partial failure of consideration. The other provisional ... paid only where there has been a total failure of consideration. In its working ......
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'Argue Now, Pay Later': An Adjudicator's Right To Payment
...... essentially worthless. There had been a "total failure of consideration". Mr Justice Akenhead ......
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Adjudicators' Entitlement To Payment Secured
...... The Judge considered the doctrine of "total failure of consideration." Essentially, if the ......
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Court Of Appeal Upholds Summary Judgment For Rent Accrued During Covid Closures Of Commercial Premises, Rejecting Arguments Based On Implied Terms And "failure Of Basis"
......(such as here for total failure of consideration, or 'failure. of basis') will not be available ......
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Money Up Front: The Operation Of Advance Payment Clauses
......Failure to make an advance payment required under a ... payment, then a legal rule known as "total failure of consideration" will prevent a ......