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frustrationtotal failure of considerationunjust enrichment
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
[1943] AC 32; [1942] UKHL 4
Key Principle
Where a contract is frustrated and there has been a total failure of consideration, money paid in advance under the contract is recoverable in restitution (quasi-contract) as money had and received, since recovery rests on unjust enrichment rather than on the contract itself.
Area of Law
General case law
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