HEB Enterprises Ltd and another v Bernice Richards (Cayman Islands)

Restitutionary principles: A buyer who has enjoyed possession should not recover more than eliminates unjust enrichment of the seller.

Court of Appeal judgment

Total failure of consideration: Money had and received to the claimant’s use can be recovered where the basis (consideration) has wholly failed.

Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32

Partial failure of consideration: A partial failure of consideration for a particular payment gives rise to no claim for recovery of part of what has been paid.

Barnes v Eastenders Cash & Carry plc [2015] AC 1

Interpretation of entire agreements: The entire agreement must be considered to understand the basis of the payments.

Privy Council judgment

Repudiation and discharge: Acceptance of repudiation discharges primary obligations and substitutes secondary obligations to compensate for losses, subject to contractual limitations on remedies.

Privy Council judgment

Contractual allocation of risk: Contractual terms govern the parties' entitlements upon termination, unless the basis for the payment has totally failed.

Privy Council judgment

Mayson v Clouet [1924] AC 980: The repayability of instalments depends on the contract's terms and circumstances. Possession before final payment is a key differentiator.

Mayson v Clouet [1924] AC 980