header-logo header-logo

Contract

07 October 2010
Issue: 7436 / Categories: Case law , Law digest
printer mail-detail

Giedo Van Der Garde BV and another v Force India Formula One Team Ltd [2010] EWHC 2373 (QB), [2010] All ER (D) 122 (Sep)

Where there had been a total failure of consideration, money paid under a contract could be recovered. A partial failure of consideration would give no rise to a claim for recovery of the money that had been paid. However, if a divisible part of the contract wholly failed, and part of the consideration could be attributed to that part, that portion of the money so paid could be recovered. Where a court could identify by the process of apportionment a payment for which there had been no consideration in the form of services provided, the payer would be entitled to an order for the restitution of that sum. Where the contract was not divisible, there could be no restitution. The receipt of a benefit under a contract which on analysis was not any part of the essential bargain contract for would not be a bar to restitution on the basis of total consideration. The test

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll