Total Failure of Consideration in UK Law

  • The End of Chandler v. Webster
    • No. 6-1‐2, December 1942
    • The Modern Law Review
    ...... 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 ......
  • Retention of Title in the House of Lords: Unanswered Questions
    • No. 54-5, September 1991
    • The Modern Law Review
    ...... 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 ......
  • Restitution where an Anticipated Contract Fails to Materialise
    • No. 59-1, January 1996
    • The Modern Law Review
    ......, such as a mistake of fact or a total failure of consideration, which is ......
  • Law Commission Report on Pecuniary Restitution on Breach of Contract
    • No. 47-1, January 1984
    • The Modern Law Review
    ...... 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 ......
  • The Coronation Cases—II
    • No. 5-1, July 1941
    • The Modern Law Review
    ...... impossible, there had been a total failure of consideration for the payment ......
  • The Coronation Cases—I
    • No. 4-4, April 1941
    • The Modern Law Review
    ...... HENRY AND THE DOCTRINE OF FAILURE OF CONSIDERATION To begin the story ... of the King, there had been a total failure of consideration for the contract ......
  • The Exclusion Of Section 12 (1) Of The Sale Of Goods Act
    • No. 24-6, November 1961
    • The Modern Law Review
    ...... to the buyer for a money consideration, called the price." In the light of ... breach of condition but also to total failure of con- sideration therefore an ......
  • Unjust Enrichment and Contract by Tariq Baloch
    • No. 73-1, January 2010
    • The Modern Law Review
    ...... that a claimant be able to establish a total failure of consideration and that the contract ......
  • Conditions, Warranties and Descriptions of Quality in Sale of Goods—I
    • No. 15-4, October 1952
    • The Modern Law Review
    ...... the draftsman " after much consideration," and, moreover, its main purpose ..., with apparent approbation.60 The total confusion can best be seen in the peculiar ... as there had been a total failure of consideration. Yet Williams J., in ......
  • Better than Fuller: A Two Interests Model of Remedies for Breach of Contract
    • No. 78-2, March 2015
    • The Modern Law Review
    The attempt to combine the contractual interests properly so‐called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ineradicably i...
    ...... Party) , 17 seek to effect partial or total disgorgement of the gains the defendant obtains ... bargain’ problem arises from parties’ failure to do exactly this. 21 I have in general ... following a total failure of consideration 27 and for a quantum meruit for goods ......
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