...This chapter discusses the grounds of restitution founded on the principle of failure of basis. The most significant ground of restitution founded on the principle of failure of basis arises where the basis has failed totally. Restitution can be awarded where no part of the condition on which...

... The Principles of the Law of Restitution . Fourth Edition. Graham Virgo, Oxford University Press. © Graham Virgo 2024. DOI: 10.1093/oso/9780198885320.003.0013 This chapter examines the principle of failure of basis and the grounds of restitution which are founded on the principle...

... the ‘scope of the applicable contractual regime’ (ie where the contract has not ‘run out’), one starts with the claim for breach of contract and, if there is no breach (because there is no applicable express or implied term), there is no failure of basis to support an alternative claim in restitution...