INTRODUCTION
A contract specifies that a certain sum is to be paid when a condition is fulfilled but does not specify what should be paid if it is not. What are the consequences of the contractual silence? Does it leave room for a claim in unjust enrichment? These questions were recently considered by the Supreme Court in Barton v Gwyn-Jones. The decision also raises a range of recurring but important issues, including the exclusion of implied terms in law, the interpretation of oral contracts, and the interface between contract and unjust enrichment. In analysing the case, we contribute to the broader academic debate by making the following arguments …
€ (Westlaw)
Ernest Leung and Iona Branford, ‘The sound (or lack thereof) of silence: Barton v Gwyn-Jones ’ [2023] Journal of Business Law (6) 488-502.
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