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RDG
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At 18:33 06/08/98
+0100, Robert Stevens wrote:
What if the agreed rate of interest was lower than
the interest which would be awarded if the claim was based upon a failure
of consideration? What if different systems of law applied to the contractual
and restitutionary claims? What if the obligation is to repay in a different,
now devalued, currency? The answer to those 3 is that the parties should be held
to their agreement. If A can't claim these rights under the contract,
A has no business claiming them by more devious means. How can we justify
allowing A to claim in Dollars if A has already agreed to take the money
in Yen ?
Different consideration apply to,
What if B is a minor and cannot be sued in contract?
though if the law is serious about not letting minors
enter into contracts, presumably the law shouldn't allow itself to be
fooled by a mere re-labelling of the case as restitution.
I must confess I don't know the answer to :
What if the English court had no jurisdiction
over a contractual claim? but perhaps someone who knows more about conflicts that
me could explain in what circumstances the court is likely to have jurisdiction
over the claim only if it is framed as a restitutionary one. Tomorrow
will do .......
Steve Hedley
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