Restitution Flashcards
When it arises
- Where money has been paid by one party to the other under a contract and there has been a complete failure of consideration.
- Where one party has done work for the other or supplied goods to the other and wants to be compensated for the work done or goods delivered
Recovery of money which has been paid where there has been a total failure of consideration
Total failure = where they’ve not done any part of what he was supposed to do under the contract or what has been done is completely useless. In these circumstances the payer can bring a claim in restitution to recover money paid
Compensation for work done or goods supplied - Contract has been broken
The contract has been broken - if one party has supplied goods or done work for the other and the other party is in breach of contract the party supplying the goods/doing the work may be able to bring a claim in restitution for a reasonable sum for work done or goods supplied as an alternative to a claim for damages (quantum merit)
Compensation for work done or goods supplied - A contract was never formed
A contract was never formed - a party may do work for another before a contract has been formed but expecting that a contract will come into existence - the law simply imposes an obligation on the party who made the request to pay a reasonable sum for such work as has been done pursuant to that request
