Q&As

In a claim to recover money paid for the provision of goods or services, for which no written agreement has been signed, when the goods or services are not supplied, is the claimant’s claim, for the purposes of its letter of claim, based on breach of contract, in restitution or as a debt recovery claim?

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Produced in partnership with Howard Smith of Radcliffe Chambers
Published on LexisPSL on 12/03/2018

The following Dispute Resolution Q&A produced in partnership with Howard Smith of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • In a claim to recover money paid for the provision of goods or services, for which no written agreement has been signed, when the goods or services are not supplied, is the claimant’s claim, for the purposes of its letter of claim, based on breach of contract, in restitution or as a debt recovery claim?

In a claim to recover money paid for the provision of goods or services, for which no written agreement has been signed, when the goods or services are not supplied, is the claimant’s claim, for the purposes of its letter of claim, based on breach of contract, in restitution or as a debt recovery claim?

In circumstances where money has been paid for goods or services in advance, and the goods or services are not provided, there will be an unjust enrichment or restitution claim to recover the monies paid on the basis of a total failure of consideration (money had and received).

In addition, if (as will usually be the case) the money was paid pursuant to a contract for the provision of the goods or services

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