Patel v Naik

Patel v Naik

The Defendant personally induced the Claimant to pay monies for investment in Canadian property, failed to invest as agreed, and misappropriated the funds. The Defendant is liable to account for and repay the full amount to the Claimant, as the consideration for the payments wholly failed. The Claimant contracted with the Defendant personally, not with Turling Property Services (Canada) Inc.

Parties
Claimant: Kirit Patel; Defendant: Rajeev Vasant Naik
Jurisdiction
England and Wales
Judgment Date
10 December 2004
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Failure of Consideration, Repudiatory Breach of Contract, Misappropriation of Funds, Agency, Restitutionary Remedies
Contract Law Restitution Fraud Failure of Consideration Repudiatory Breach of Contract Misappropriation of Funds Agency Restitutionary Remedies

Case Brief

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Parties

Kirit Patel

Claimant

Rajeev Vasant Naik

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendant is liable to account for and repay monies paid by the Claimant for investment in Canadian property which were not so invested
  2. 2 Whether the Defendant misappropriated the Claimant's funds
  3. 3 Whether the Claimant contracted with the Defendant personally or with Turling Property Services (Canada) Inc.

Ratio Decidendi

The Defendant personally induced the Claimant to pay monies for investment in Canadian property, failed to invest as agreed, and misappropriated the funds. The Defendant is liable to account for and repay the full amount to the Claimant, as the consideration for the payments wholly failed. The Claimant contracted with the Defendant personally, not with Turling Property Services (Canada) Inc.

Court Disposition

Judgment for the Claimant

Orders

  • Defendant to pay Claimant £54,266.55 plus interest
  • Further submissions invited on calculation of interest and costs