United Kingdom Leading Case unjust enrichmentfailure of basisperformance and breach

Pan Ocean Shipping Co Ltd v Creditcorp Ltd (The Trident Beauty)

[1994] 1 WLR 161

JurisdictionUnited Kingdom

CourtUK House of Lords

Year1994

StatusBinding authority

Summary

Where a contract governs the parties' relationship, unjust enrichment claims are generally excluded as the law of restitution does not supply an alternative remedy.

Key Principle

Where a contract governs the relationship between the parties, a claim in unjust enrichment is generally excluded; the law of unjust enrichment does not provide an alternative remedy where the parties' rights are regulated by contract.

Area of Law

commercial

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