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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
Financial protections for domestic abuse victims would be strengthened and cohabiting couples be given inheritance and separation rights, under historic government proposals
Doctors and nurses could be sued for mistakes made by the artificial intelligence (AI) equipment they use to treat patients, researchers have warned
The law sector has been chosen as the testing ground for the government’s AI Growth Labs—speeding up development, testing and regulatory compliance so software can be market-ready more quickly
A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
back-to-top-scroll