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Sender:
Charles Mitchell
Date:
Fri, 19 Dec 1997 12:13:59
Re:
failed contracts and restitution

 

Steve Hedley writes:

At present, in this jurisdiction, restitution has only persisted for a rather small fraction of the time that rival theories lasted; resort to supernatural explanation seems premature.

As an analytical approach, resort to the supernatural has also been viewed with disfavour by high judicial authority - see Circuit Systems Ltd (in liq) v Norglen Ltd, HL, 27th Nov 1997, per Lord Hoffmann; 'there is no need for such spooky jurisprudence'.

 

Dr Charles Mitchell
School of Law
King's College London
Strand
LONDON WC2R 2LS

tel: 0171 873 2290


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