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Whincup v Hughes

[1871] LR 6 CP 78

Case summary last updated at 04/01/2020 14:38 by the Oxbridge Notes in-house law team.

Judgement for the case Whincup v Hughes

 P paid D to teach his son for 6 years, but after one year D died and P 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 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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