Where a party receives benefits that are equivalent to what was promised under a contract but those benefits arise from a separate subsequent arrangement rather than performance of the contract itself, there is still a total failure of consideration entitling the paying party to restitution. The benefit bargained for must be identified by reference to the contractual promises, and incidental or collateral benefits do not constitute part performance. The requirement that failure of consideration be 'total' before restitution is available remains the law in Australia, though the Court of Appeal signalled that this may warrant reconsideration.
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