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Restitution upon rescission for breach of contract, mutuality, and unjustified enrichment: Lyle v Websters

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    Rights statement: This article has been accepted for publication by Edinburgh University Press in the Edinburgh Law Review, and can be accessed at https://www.euppublishing.com/doi/full/10.3366/elr.2019.0558. 

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Original languageEnglish
Pages (from-to)278-283
Number of pages6
JournalEdinburgh Law Review
Issue number2
Publication statusPublished - 1 May 2019


Critical commentary on the case of Lyle v Websters [2019] SC DUN 2, which denies the existence of a restitutionary remedy upon rescission of a contract for breach. Also considers the liability on the facts of the case under unjustified enrichment rules if no contract existed between the parties, and draws attention to the possible significance of arguing a contract case between cohabitants unable to make use of the cohabitation remedies available under the Family Law (Scotland) Act 2006, as a possible circumvention of the subsidiarity of enrichment law where the 2006 Act is applicable.

    Research areas

  • Scots Law, Contract Law, Termination of Contract, Rescission for Breach, Restitution, Unjustified Enrichment

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