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24 March 2023 / Sarah Allan , Chris Ward
Issue: 8018 / Categories: Features , Commercial
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Unjust enrichment: an all-or-nothing wager?

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Barton v Morris: Sarah Allan & Chris Ward consider the Supreme Court’s reminder that ‘unjust enrichment mends no-one’s bargain’
  • The Supreme Court’s decision in Barton v Morris is expected to be treated as a leading case on the interaction between the law of unjust enrichment and law of contract.
  • A key takeaway is that oral contracts for valuable commercial bargains are to be discouraged, as are claimants who would look to buttress an ailing contractual litigation by alleging a right of action in unjust enrichment.

Sales agents and brokers may often achieve a significant return for a modest work output, but they also invest time and effort facilitating introductions and negotiations that do not proceed to fruition. Wasted work is a fact of life for those operating on commission.

Of course, it is open to commission agents to agree terms stipulating precisely when and how commission is earned, thereby resolving ambiguity, and reducing the risk of fruitless endeavours. In this regard, the story behind Barton and others

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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