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Under contract?

04 August 2011 / Andrew P Willetts
Issue: 7477 / Categories: Features , Damages , Commercial
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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,

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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