August 28, 2025
Fibrosa Societe Anonyme v Fairbairn Lawson Combe Barbour Ltd [1942] UKHL 4 (15 June 1942)
A Polish company paid an advance for machinery from an English company. The contract was frustrated by the outbreak of WWII. The House of Lords held the Polish company could recover its advance payment due to a total failure of consideration. Facts In July 1939, the appellants, Fibrosa Spolka Akcyjna (a Polish company), entered into a contract with the respondents, Fairbairn Lawson Combe Barbour, Ltd (an English company), for the purchase of certain machinery for £4,800. Delivery was to be to Gdynia, Poland. Per the contract terms, the appellants made an advance payment of £1,000. However, on 1 September 1939,
