Putting a cap on restitution
In Mann v Paterson Constructions Pty Ltd, a majority of the High Court of Australia confirmed that where a contract is terminated following acceptance of a repudiation, the innocent party can claim, as an alternative to damages for breach of contract, restitution for the value of work and labour don...
| Main Authors: | , |
|---|---|
| Format: | Record |
| Language: | English |
| Published: |
LexisNexis
2019
|
| Summary: | In Mann v Paterson Constructions Pty Ltd, a majority of the High Court of Australia confirmed that where a contract is terminated following acceptance of a repudiation, the innocent party can claim, as an alternative to damages for breach of contract, restitution for the value of work and labour done at the request of the breaching party for which a contractual right to payment has not yet accrued. A majority also held that the amount of restitution will generally be limited by the price of the contract or the appropriate part of the contract price attributable to the work. |
|---|