header-logo header-logo

04 August 2011 / Andrew P Willetts
Issue: 7477 / Categories: Features , Damages , Commercial
printer mail-detail

Under contract?

Andrew P Willetts takes a contractual drive from the Jowett Javelin to Formula 1

In contract law the total failure of consideration by one contracting party to another has always been considered prima facie evidence to entitle the aggrieved party the right to rescind. The rescinding party can then recover all monies paid under the agreement notwithstanding that in the interim substantial benefit had been received by them. A total failure of consideration can only usually occur when there is a breach of a condition going to the heart of the bargain. This can include a seller not actually having title for the goods he is purporting to sell or as in the case of Giedo Van Der Garde BV and another v Force India Formula One team Ltd [2010] EWHC 2373 (QB), [2010] All ER (D) 122 (Sep), the failure of a Formula 1 racing team to provide a driver the contracted mileage for showcasing his driving skills. Although in Giedo the High Court rejected a claim for restitution for fact specific reasons,

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll