This book examines the justification for restitutionary awards for a failure of condition and considers when, in the light of this justification, such awards should be made. It argues that such awards give effect to, but do not enforce, an agreement between the parties. Innovative and thought-provoking, this book presents a significant new way of understanding restitution for failure of condition.

Timothy Pilkington is a Barrister in Auckland, New Zealand.