Restitution for a Failure of Condition
Description
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.
Accessibility Information
Additional accessibility information
- EPUB 3.0
- Conforms with the requirements of EPUB Accessibility Spec v1.1
- WCAG level AA
- WCAG v2.2 compliant
- accessibility@bloomsbury.com
Hazards
The publication contains no hazards
Support for non-visual reading
- No accessibility features offered by the reading system, device or reading software are disabled or otherwise unusable with the product
- Has alternative text descriptions for images
Visual adjustments
Appearance of the text and page layout can be modified according to the capabilities of the reading system (font family and size, spaces, as well as color of background and text)
Navigation
- Page list to go to pages from the print source version
- Elements such as headings, tables, etc for structured navigation
- All or substantially all textual matter is arranged in a single logical reading order
- Content is enhanced with ARIA roles to optimize organization and facilitate navigation
- Purposes of all links are made clear
Rich content
Language tagging provided
Table of Contents
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
Product details
| Published | 15 Oct 2026 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 368 |
| ISBN | 9781509989928 |
| Imprint | Hart Publishing |
| Series | Hart Studies in Private Law |
| Publisher | Bloomsbury Publishing |
Related Titles
