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United Kingdom frustrationtotal failure of considerationunjust enrichment

Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd

[1943] AC 32; [1942] UKHL 4
JurisdictionUnited Kingdom
CourtHouse of Lords
Year1942
StatusBinding authority

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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