||All England Reporter
|| All ER (D) 192 (Nov)
|| EWCA Civ 1383
||Court of Appeal, Civil Division
Laws, Toulson and Black LJJ
||John Small (instructed by bond Adams LLP) for the claimants.
||Stephen Taylor (instructed by Frisby & Small LLP) for the defendant.
||23 November 2011
Contract - Failure of consideration - Recovery of money - Money paid under void contract - Payer receiving benefits under contract - Claimants making oral contract with defendant company to pay deposit on block of flats - Defendant agreeing to refrain from marketing flats - Claimants paying deposit - Defendant honouring agreement - Claimants deciding not to proceed with purchase of flats - Defendant withholding deposit - Claimants bringing proceedings - Judge finding claimants being entitled to return of deposit as money paid under void contract - Whether judge erring - .
Contract Failure of consideration. The Court of Appeal, Civil Division, in allowing the defendant company's appeal against the judge's decision that the claimants had been entitled to the return of their deposit as money paid under a contract for the sale of land which had been void, held that the claimants had obtained the benefit they had paid for and as their expectations had been fulfilled, there was no injustice in the defendant retaining the deposit.
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