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Contract and Commercial Law Act 2017

Contracts legislation - Contractual remedies - Power of court to grant relief

47: Party who has altered position

You could also call this:

“If you change things after a contract, the court might not be able to help you”

If you change your situation with something you got from a contract, the court might not be able to help you. The court can’t make an order about that thing if it would be unfair to anyone involved in the contract. This is true whether you changed your situation before or after the contract was cancelled. The court will look at all the important details to decide if it’s fair to make an order or not. This rule is connected to section 43, which talks about the court’s power to help in these situations.

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Topics:
Business > Fair trading Money and consumer rights > Consumer protection
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Part 2 Contracts legislation
Contractual remedies: Power of court to grant relief

47Party who has altered position

  1. No order may be made under section 43 in respect of any property if any party to the contract has so altered the party’s position in relation to the property that, having regard to all relevant circumstances, it would, in the opinion of the court, be inequitable to any party to make the order.

  2. This section applies whether the party altered the party’s position before or after the cancellation of the contract.

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