Coming Soon Restitution for a Failure of Condition

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Restitution for a Failure of Condition

By Timothy Pilkington
Coming Soon Hart Publishing Available October 2026

Specifications

ISBN-13
9781509989911
Publisher
Hart Publishing
Publication
October 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book examines the justification for restitutionary awards for a failure of condition and considers when, given this justification, such awards should be made.

It argues that such awards give effect to, but do not enforce, an agreement between the parties. In recent years, this question has been the focus of more scrutiny and scepticism on the part of private law scholars. Adding to this scepticism, this study promotes a new 'agreement theory' of failure of condition, which offers a much less controversial way of understanding the role of restitution in such failures.

Innovative and thought-provoking, this is a significant new way of considering awards for failure of condition.

Table of Contents

1. Introduction
2. Alternative Theories of Failure of Condition
3. An Agreement Theory of Failure of Condition
4. Enrichment at the Expense of
5. Total Failure of Consideration
6. Failure of Condition and Contract
7. Failure of Condition, Rights, and Trusts
8. Conclusion
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