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Sender:
Andrew Tettenborn
Date:
Thu, 16 Sep 1999 09:58:21 +0100
Re:
Restitution for expense saved

 

Atlantic Shipping v Finagrain, Toulson J, 15/1/99 (not reported in WLR, unless I missed it) may be of interest, in that it effectively rubbishes Phillips v Homfray and confines it to leases of land.

A stored F's grain. The contract provided for various rates of payment up to 60 days, but (it was held) said nothing about what happened after 60 days. Surprise, surprise, F allowed their grain to overstay its welcome beyond the 60 day period. A sued for restitution, but (remarkably) failed to plead a cause of action for restitutionary damages in tort, which would have been unanswerable. F argued, pettifoggingly, that this meant A had to lose: their cause of action was in tort or not at all, because of Phillips. Toulson treated this plea with the contempt it deserved, holding that A had an independent restitutionary claim.

 

AMT

Andrew Tettenborn
Bracton Professor of Law

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