Commercial update: Failed consideration and additional damages - a game of two halves
26th April 2016
If a contract for work and materials is performed badly, can there be a total failure of consideration? By what ‘performance’ is that question to be addressed? And can there also be a claim for damages?
Christopher Edwards (Call 2008) analyses the most recent contribution of the Court of Appeal to the question of total failure of consideration and damages, in Gartell & Son (a firm) v. Yeovil Town Football & Athletic Club Limited [2016] EWCA Civ 62, [2016] BLR 206, 164 ConLR 28
Christopher is a Commercial Law barrister who specialises in professional liability and commercial matters. View his profile here.
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