Valencia v Llupar

Valencia v Llupar

No partnership at will existed as the parties expressly intended not to enter into a legal relationship of partnership unless and until a formal written agreement was executed; payments made in anticipation of such agreement must be returned due to failure of basis.

Source-derived case information.

Parties
Appellant: Natalia Valencia; Respondent: Norberto Llupar
Jurisdiction
England and Wales
Judgment Date
30 March 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Partnership at Will, Misrepresentation, Failure of Consideration, Subject to Contract, Restitution
Contract Law Partnership Law Unjust Enrichment Partnership at Will Misrepresentation Failure of Consideration Subject to Contract Restitution

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Parties

Natalia Valencia

Appellant

Norberto Llupar

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 whether a partnership at will existed between the parties
  2. 2 whether actionable misrepresentations induced the claimant to enter into partnership and pay £80,000
  3. 3 whether there was a total failure of consideration justifying restitution

Ratio Decidendi

No partnership at will existed as the parties expressly intended not to enter into a legal relationship of partnership unless and until a formal written agreement was executed; payments made in anticipation of such agreement must be returned due to failure of basis.

Court Disposition

appeal dismissed

Orders

  • Defendant to repay £80,000 to claimant
  • Defendant's beneficial interest in property charged by way of interim charging order with £124,480.55