ABSTRACT
The ‘absence of consideration’ doctrine, which will be discussed in Part IV of this book, only came into our law because Hobhouse J considered, in the Westdeutsche case, that failure of consideration was not available as a basis for restitution. In the following four chapters, we will therefore take a detailed look at that unjust factor. It will be argued that, properly understood, it would have led to the correct result without the need to resort to ‘absence of consideration’ at all.
