A building contract was repudiated by the builders at a time when the works had been partly completed. The contract price was approximately andpound;32,000. At the time when the builders abandoned the site they had been paid over andpound;26,000 and the value of work done by them was about andpound;22,000.
Held: The owner was entitled to claim in restitution for the sum of andpound;4,673, representing the amount by which the sums paid to the builders exceeded the value of the work done. The builders had objected that there had not been a total failure of consideration under the contract, since most of the building work had been done, but the court held that there had been a total failure of consideration for the amount by which the builders had been overpaid.
Citations:
(1992) 62 BLR 199
Jurisdiction:
England and Wales
Cited by:
Cited – Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs SC 11-Jun-2014
Alcoholic drinks had been seized by the respondents pending further enquiries with a view to a possible forfeiture, then held and returned but only under court order. The company had complained that the detention of the goods was unlawful. The . .
Lists of cited by and citing cases may be incomplete.
Contract, Equity
Updated: 04 May 2022; Ref: scu.526733