Question
Question: In the Krellv Henry (king crowning case) , Henry did not see the king crowing at all, andthe Court of Appeal said it's a
Question: In theKrellv Henry (king crowning case), Henry did not see the king crowing at all, andtheCourt of Appeal saidit's a'total failure of consideration'.
-So, why the contract is just discharged, and Henry can't get his deposit(25$) back whenit's a'total failure of consideration?
necessary context:
Please seeKrell v Henry [1903] 2 KB 740
related rule:
-A deposit paid before the discharge cannot be recovered because it was paid while the contract was valid UNLESS there has been a total failure of consideration: Fibrosa Spolka Akcyjna v Fairbairn [1943] AC 32
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