Restitution for a failure of condition
This thesis examines the justification for restitutionary awards for a failure of condition and considers when, given this justification, such awards should be made. It is argued that restitutionary awards for a failure of condition give effect to, but do not enforce, an agreement between the parti...
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| Format: | Thesis |
| Language: | English |
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2023
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| _version_ | 1797111862193553408 |
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| author | Pilkington, T |
| author2 | McFarlane, B |
| author_facet | McFarlane, B Pilkington, T |
| author_sort | Pilkington, T |
| collection | OXFORD |
| description | This thesis examines the justification for restitutionary awards for a failure of condition and considers when, given this justification, such awards should be made. It is argued that restitutionary awards for a failure of condition give effect to, but do not enforce, an agreement between the parties. As to when such awards should be made, it is argued that restitution for a failure of condition should generally be awarded where C and D agreed that D’s entitlement against C to a payment made by C to D, a performance of a service by C for D, or transfer of a right from C to D remained subject to a condition and that condition has failed. It is further demonstrated that where D’s entitlement against C to the transfer of a right was subject to a condition that has now failed, D may come under a restitutionary duty to transfer a right to C, which a court may specifically enforce. |
| first_indexed | 2024-03-07T08:16:22Z |
| format | Thesis |
| id | oxford-uuid:ece8d3aa-ddd4-4260-93bc-9bde77966b47 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T08:16:22Z |
| publishDate | 2023 |
| record_format | dspace |
| spelling | oxford-uuid:ece8d3aa-ddd4-4260-93bc-9bde77966b472023-12-21T11:25:10ZRestitution for a failure of conditionThesishttp://purl.org/coar/resource_type/c_db06uuid:ece8d3aa-ddd4-4260-93bc-9bde77966b47ContractsUnjust EnrichmentRestitutionEnglishHyrax Deposit2023Pilkington, TMcFarlane, BStevens, REdelman, JThis thesis examines the justification for restitutionary awards for a failure of condition and considers when, given this justification, such awards should be made. It is argued that restitutionary awards for a failure of condition give effect to, but do not enforce, an agreement between the parties. As to when such awards should be made, it is argued that restitution for a failure of condition should generally be awarded where C and D agreed that D’s entitlement against C to a payment made by C to D, a performance of a service by C for D, or transfer of a right from C to D remained subject to a condition and that condition has failed. It is further demonstrated that where D’s entitlement against C to the transfer of a right was subject to a condition that has now failed, D may come under a restitutionary duty to transfer a right to C, which a court may specifically enforce. |
| spellingShingle | Contracts Unjust Enrichment Restitution Pilkington, T Restitution for a failure of condition |
| title | Restitution for a failure of condition |
| title_full | Restitution for a failure of condition |
| title_fullStr | Restitution for a failure of condition |
| title_full_unstemmed | Restitution for a failure of condition |
| title_short | Restitution for a failure of condition |
| title_sort | restitution for a failure of condition |
| topic | Contracts Unjust Enrichment Restitution |
| work_keys_str_mv | AT pilkingtont restitutionforafailureofcondition |