Goss v Chilcott
Jurisdiction | UK Non-devolved |
Judgment Date | 23 May 1996 |
Court | Privy Council |
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78 cases
- Masri v Consolidated Contractors (Oil and Gas) Company SAL
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School Facility Management Ltd v Governing Body of Christ the King College
...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......
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Avonwick Holdings Ltd v Azitio Holdings Ltd
...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......
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Haugesund Kommune v Depfa ACS Bank
...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
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Change of position and restitution for wrongs: 'ne'er the twain shall meet'?
...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......
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Restitution and Disgorgement
...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,......
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TAKING STOCK OF THE CHANGE OF POSITION DEFENCE
...(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 ......
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Incapacity, non est factum and unjust enrichment.
...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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