ABSTRACT
The courts are reluctant to use the language of failure of consideration in cases not involving a contract. This may, of course, be nothing more than a historical accident. The English law of unjust enrichment has only recently been separated from the law of contract, which would explain the strong bias in the authorities towards contractual cases. Indeed, this might pose a problem to those who are sceptical of the availability of noncontractual claims, as they might be open to the charge that they have succumbed to the old implied contract heresy, which can by now be said to be comprehensively discredited.
