Whincup v Hughes [1871] LR 6 CP 78
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:00:18 UTC
Plaintiff paid Defendant to teach his son for 6 years, but after one year Defendant died and Plaintiff claimed the remaining money for then next 5 years back from the executors.
The court rejected his claim on the grounds that money paid under a contract for which some (although not all) consideration has been given cannot generally be reclaimed and that partial failure does not allow for recovery.
Bovill LJ
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Said that in some situations it might be e.g. if I pay for 5 eaves of corn but only 3 are delivered
How is this any different to the present case!!!??
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