Improper Pressure Equitable principles of undue influence may give relief from transactions entered by persons under improper pressure. Relief against undue influence seeks to protect persons who are vulnerable to having an advantage taken of them. Where undue influence exists or is presumed, the law deems that the contract has not been freely entered, and […]
Illegality & Restitution At least in the case of some types of illegality, assets transferred under an illegal contract may be, nonetheless, validly transferred. Restitution is not allowed for contracts which are prohibited by illegality. To do otherwise would undermine the prohibition. Where as a matter of public policy, a statute is interpreted as being […]
Overview Where a payment is made on the basis of an assumption, which later turns out to be incorrect, there may be a right of restitution or recovery. Most commonly, the failed assumption or expectation will involve a proposed contract. If monies are paid in the expectation that a contract will materialise, but this does […]
Invalidating Duress Duress covers a range of types of pressure and influence. It may range ranging from threats or actual direct unlawful violence to the application of other, less direct unlawful pressures. Duress involving the threat of personal violence clearly negates consent and contracts thereby entered. There may be criminal liability. There may be duress […]
Overview The principle of failed expectations applies both to payments received and to works done by the persons whose expectations have failed. Failed expectations may occur in a contractual or non-contractual context. There may or may not have been an expectation of a contract. In the case of payments made, monies are recoverable by way of […]
Limited Powers Traditionally, a company was limited by its objects. Companies legislation has removed the ultra vires rule for most companies as and from December 2016. Dedicated Activity Companies remain subject to the rules. There were (and remain for DACs) significant exceptions and protections for third parties dealing with the company. The protections have been […]
Contract Mistakes & Other Mistakes Many of the circumstances in which restitution is allowed, might be categorised as deriving from a mistake in its broadest sense. A mistake may be a basis for unjust enrichment. It may be the unjust factor allowing recovery by way of restitution. This broader concept of a mistake is discussed […]