Barton V Morris: Where Contract Ends And Unjust Enrichment Begins

• Author: Mr Adam Sanitt
• Law Firm: Norton Rose Fulbright
• Published date: 22 May 2023

The Supreme Court has recently given guidance in Barton & Ors v Morris & Anor [2023] UKSC 3 on where a contract ends and unjust enrichment begins.

The facts are deceptively simple. An agreement provided for payment of commission of '1.2 million on sale of a property for '6.5 million or more. The property was sold for '6 million. The introducer argued that they should receive an amount of commission.

By a majority of three to two, the Supreme Court held that no commission was payable. They refused to imply a term, either in law or in fact, and held that there was no claim in unjust enrichment:

"When parties stipulate in their contract the...