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Contract – Failure of consideration. The Court of Appeal, Civil Division, ruled on the claimant's appeal concerning whether the judge ought not to have found that there had been a total failure of performance on its part justifying the defendant's refusal to pay the contract price and, further, whether the judge had erred in dismissing the claim for the price and allowing the entirety of the counterclaim. The court held that the judge had been right to have found that the defendant had received no part of the contractual performance which it had contracted for. However, the award of damages on the counterclaim had over-compensated the defendant by awarding it the costs of a substitute performance of the contract when it had been relieved altogether of its obligation to pay.
Contract – Failure of consideration. The Court of Appeal, Civil Division, ruled on the claimant's appeal concerning whether the judge ought not to have found that there had been a total failure of performance on its part justifying the defendant's refusal to pay the contract price and, further, whether the judge had erred in dismissing the claim for the price and allowing the entirety of the counterclaim. The court held that the judge had been right to have found that the defendant had received no part of the contractual performance which it had contracted for. However, the award of damages on the counterclaim had over-compensated the defendant by awarding it the costs of a substitute performance of the contract when it had been relieved altogether of its obligation to pay.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
