Section 5Part 2 — Frustrated Contracts
Recovery of sums paid in respect of a frustrated contract
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All sums paid or payable to any party in pursuance of the contract before the time when the parties were so discharged (in this Part referred to as "the time of discharge") shall, in the case of sums so paid, be recoverable from him as money received by him for the use of the party by whom the sums were paid, and, in the case of sums so payable, cease to be so payable:
if the party to whom the sums were so paid or payable incurred expenses before the time of discharge in, or for the purpose of, the performance of the contract, the court may, if it considers it just so to do, having regard to all the circumstances of the case, allow him to retain or, as the case may be, recover the whole or any of the sums so paid or payable, not being an amount in excess of the expenses so incurred.
Defined Terms
time of discharge
Referenced By
- Section 6 — Accountability for benefits received in respect of a frustrated contract
payment of money to which section 5 applies
- Section 7 — Computation of expenses
purposes of section 5 or 6
- Section 8 — Exception of insurance receipts in certain cases
sums which ought to be recovered or retained under section 5 or 6
- Section 9 — Obligations incurred for the benefit of another party
purposes of section 5