header-logo header-logo

Unjust enrichment: an all-or-nothing wager?

24 March 2023 / Sarah Allan , Chris Ward
Issue: 8018 / Categories: Features , Commercial
printer mail-detail
115857
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll