Goss v Chilcott

JurisdictionUK Non-devolved
Judgment Date23 May 1996
CourtPrivy Council
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78 cases
  • Masri v Consolidated Contractors (Oil and Gas) Company SAL
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 6 February 2009
  • School Facility Management Ltd v Governing Body of Christ the King College
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 10 June 2020
    ...College suggests that the approach adopted by Hobhouse J in Sandwell was approved by Lord Goff in the Privy Council in Goss v Chilcott [1996] AC 788, 798. While the outcome in Sandwell (a single order for payment of the net amount) was approved, the terms in which Lord Goff summarised the d......
  • Avonwick Holdings Ltd v Azitio Holdings Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 14 July 2020
    ...part or all of contractual duties in respect of which the payment is not due.” 815 Stadlen J referred in this context to Goss v Chilcott [1996] AC 788, in which the capital sum advanced under a defective loan agreement was held to be recoverable because consideration for it had wholly faile......
  • Haugesund Kommune v Depfa ACS Bank
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 12 February 2010
    ...over which they had no control. 164 The case is in my view indistinguishable from that considered by the Privy Council in Goss v Chilcott [1996] AC 788. The defendants, Mr and Mrs Goss, had been granted a loan by the claimant finance company under a mortgage instrument that had been avoided......
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6 books & journal articles
  • Change of position and restitution for wrongs: 'ne'er the twain shall meet'?
    • Australia
    • Melbourne University Law Review Vol. 33 No. 1, April 2009
    • 1 April 2009
    ...of restitution, see below Part II. (2) Lipkin Gorman [1991] 2 AC 548; David Securities (1992) 175 CLR 353. (3) See, eg, Goss v Chilcott [1996] AC 788, 798-9 (Lord Goff for Lords Goff, Jauncey, Steyn, Hoffmann and Cooke); Westdeutsche Landesbank Girozentrale v Islington London Borough Counci......
  • Restitution and Disgorgement
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Remedies
    • 4 August 2020
    ...the market rate. In such a case, then, the seller would prof‌it to the extent of $10 from the breach of contract as a result of having 29 [1996] AC 788 (PC) [ Goss v Chilcott ]. See also Westdeutsche Landesbank Girozentrale v Islington LBC, [1996] AC 669 (HL). For criticism of the doctrine,......
  • TAKING STOCK OF THE CHANGE OF POSITION DEFENCE
    • Singapore
    • Singapore Academy of Law Journal No. 2015, December 2015
    • 1 December 2015
    ...(Oxford: Hart Publishing, 2009) at p 217. 40 Elise Bant, The Change of Position Defence (Oxford: Hart Publishing, 2009) at p 217. 41 [1996] AC 788. 42 [2012] QB 549; [2012] 2 WLR 199; [2011] 1 All ER 190. Cf James Edelman, “Change of Position: A Defence of Unjust Disenrichment”[2012] 92 BU ......
  • Incapacity, non est factum and unjust enrichment.
    • Australia
    • Melbourne University Law Review Vol. 33 No. 2, August 2009
    • 1 August 2009
    ...of operative mistakes was somewhat expanded on appeal: see Ford (2009) 257 ALR 658, 683 (Allsop P and Young JA). (28) See Goss v Chilcott [1996] AC 788, 798 (Lord Goff for Lords Goff, Jauncey, Steyn, Hoffmann and Cooke). In Perpetual Trustees, the Bank relied on Rover International Ltd v Ca......
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