Andrew P Willetts takes a contractual drive from the Jowett Javelin to Formula 1
In contract law the total failure of consideration by one contracting party to another has always been considered prima facie evidence to entitle the aggrieved party the right to rescind. The rescinding party can then recover all monies paid under the agreement notwithstanding that in the interim substantial benefit had been received by them. A total failure of consideration can only usually occur when there is a breach of a condition going to the heart of the bargain. This can include a seller not actually having title for the goods he is purporting to sell or as in the case of Giedo Van Der Garde BV and another v Force India Formula One team Ltd [2010] EWHC 2373 (QB), [2010] All ER (D) 122 (Sep), the failure of a Formula 1 racing team to provide a driver the contracted mileage for showcasing his driving skills. Although in Giedo the High Court rejected a claim for restitution for fact specific reasons, it did observe that if a contract was divisible a
