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Section 53: Returning benefits from void contracts

53.Obligation of person who receives advantage under void agreement or contract that becomes void

(1)Where an agreement is found to be void or when a contract becomes void, a person who received any advantage under that agreement or contract is bound to restore it or to pay compensation for it, to the person from whom he or she received the advantage.

(2)Where a party to a contract incurs expenses for the purposes of performance of the contract, which becomes void after performance under section 24(2), the court may if it considers it just to do so in all the circumstances—

(a)allow the other party to retain the whole or any part of any advantage received by him or her;

(b)discharge the other party, wholly or in part, from making compensation for the expenses incurred; or

(c)make an order that the party recovers the whole or any part of any payments, discharge or other advantages not greater in value than the expenses incurred.

Plain English Summary

A person who receives any advantage from an agreement that is later found void or from a contract that becomes void must return that advantage or pay ...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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