Just when the death of free acceptance as an unjust factor seemed assured, it has returned like a zombie to plague the law of unjust enrichment. In Barton v Morris [2023] UKSC 3, [2023] AC 684, at [230], Lord Burrows had expressly rejected free acceptance as an unjust factor, albeit in a dissenting judgment, and considered that failure of consideration, now commonly known as failure of basis, should be used instead. Recently, three decisions of the High Court have considered free acceptance as an unjust factor …
Graham Virgo, Free Acceptance as an Unjust Factor: The Zombie Returns, Cambridge Law Journal, volume 84, issue 3, pp 510-513 (November 2025). Published online by Cambridge University Press: 27 April 2026.
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