ABSTRACT
England, or in Ireland by the amended Sale of Goods Act 1893, s 55(4). These provisions only cover exclusion of one’s duty to perform one’s contract; whereas restitutionary liability arises extra-contractually. But they may well be covered by Council Directive
by threatening to commit what is in fact a breach of contract (though you, in good faith, think it is not), whereupon I pay you £500 to end the dispute, I recover nothing. I cannot go back on our agreement to compromise the matter.3
