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Failure of consideration is a technical legal term referring to situations in which one person confers a benefit upon another upon some condition or basis ("consideration") which fails to materialise or subsist. It is also referred to as "failure of basis". [1] It is an 'unjust factor' for the purposes of the law of unjust enrichment. Where ...
A real defense is a justification for a maker or drawer not to honor a negotiable instrument even if it has been transferred to a holder in due course (or "HDC") because it makes the instrument “void” according to Uniform Commercial Code §3-305 comment 1, [1] thus the defense can't be "cut off" by the transfer to an HDC.
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than ... estoppel, failure of consideration, fraud, illegality, injury ...
An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit.The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration.
These include all of the traditional basis by which the formation of a contract may be challenged (e.g., lack of capacity, lack of consideration, the statute of frauds) and all of the traditional bases by which non-performance on the contract may be excused (e.g., failure of consideration, impossibility, illegality, frustration of purpose).
And whatever the Supreme Court decides in the gun case now under consideration, the history cannot be denied: This “constitutional right” to own a gun for self-defense is another product of ...
Defense Secretary Lloyd Austin faced pointed bipartisan criticism at a congressional hearing Thursday for his failure to promptly notify President Joe Biden and other U.S. leaders about his ...
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