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- Title
ARTIFICIALITY IN FAILURE OF CONSIDERATION.
- Authors
MITCHELL, PAUL
- Abstract
The article scrutinizes the ambiguous interpretation of failure of consideration and the court's requirement that it must be total. It highlights the court case, Rowland v Divall, wherein the Court of Appeals sided with the plaintiff due to failure of consideration. It argues that there is no artificiality in the ruling and that the Court looked at failure of consideration based on its failure to confer particular rights on the buyer. It references several cases to show that transactions were based on legal rights and factual outcomes which may vary.
- Subjects
ACTIONS &; defenses (Law); CONSIDERATION (Law); TRIALS (Law); COURTS; LEGAL judgments
- Publication
University of Queensland Law Journal, 2010, Vol 29, Issue 2, p191
- ISSN
0083-4041
- Publication type
Article