
Published online:
22 February 2024
Published in print:
30 November 2023
Online ISBN:
9780191995576
Print ISBN:
9780198889762
Contents
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14 Damage to ‘Other Property’: Exploring the Boundary Between Property Damage and Pure Economic Loss
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I. Introduction I. Introduction
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II. Four Cases II. Four Cases
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A. Roxborough v Rothmans A. Roxborough v Rothmans
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B. Barnes v Eastenders B. Barnes v Eastenders
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C. BNY v Cine-UK C. BNY v Cine-UK
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D. Barton v Morris D. Barton v Morris
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E. Summary E. Summary
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III. Gaps, Implied Terms, and Fundamental Bases III. Gaps, Implied Terms, and Fundamental Bases
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IV. Consequences IV. Consequences
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V. Conclusion V. Conclusion
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Chapter
23 Implied Terms and Restitution
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Pages
383–396
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Published:November 2023
Cite
Peel, Edwin, 'Implied Terms and Restitution', in Edwin Peel, and Rebecca Probert (eds), Shaping the Law of Obligations: Essays in Honour of Professor Ewan McKendrick KC (Oxford , 2023; online edn, Oxford Academic, 22 Feb. 2024), https://doi.org/10.1093/oso/9780198889762.003.0023, accessed 4 May 2025.
Abstract
This chapter takes as its starting point an observation of Ewan McKenrick’s about the effect of a valid and subsisting contract on a claim in restitution for benefits conferred thereunder. In particular, it assesses the extent to which the outcome of any claim based on an implied term of the contract pre-determines any claim in restitution. In doing so, it analyses closely the recent decision of the Supreme Court in Barton v Morris and called into question the earlier decisions of the High Court of Australia in Roxborough v Rothmans, and of the Supreme Court in Barnes v Eastenders Cash & Carry.
Subject
Company and Commercial Law
Collection:
Oxford Scholarship Online
Edwin Peel, Implied Terms and Restitution In: Shaping the Law of Obligations: Essays in Honour of Professor Ewan McKendrick KC. Edited by: Edwin Peel and Rebecca Probert, Oxford University Press. © Edwin Peel 2023. DOI: 10.1093/oso/9780198889762.003.0023
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