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Restitutionary Remedies in the Contractual Context

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journal contribution
posted on 2019-09-27, 11:22 authored by P Jaffey
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payment for work done under the contract, commonly described as restitutionary remedies. This claim arising out of a contract is nowadays generally regarded as a non‐contractual, unjust enrichment claim governed by the modern law of unjust enrichment, by contrast with a contractual claim for damages or specific performance. The article argues that the claim is contractual, and that this is relevant to determining when it should be available and what the measure of recovery should be. In particular, it is argued that this follows from the proper understanding of the form of agreement made by contracting parties. The argument involves discussion of doctrinal categories such as contract and unjust enrichment, the relationship between primary and remedial rights in contract, the nature of contractual agreement, and the protection of reliance in contract.

History

Citation

The Modern Law Review, 2013, 76 (3), pp. 429-463

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law School

Version

  • AM (Accepted Manuscript)

Published in

The Modern Law Review

Publisher

Wiley

issn

0026-7961

Copyright date

2013

Available date

2019-09-27

Language

en

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