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The Contracting Remedy: Mann v Paterson and the Curtailment of Restitution in Quantum Meruit

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journal contribution
posted on 2023-03-24, 00:50 authored by Sebastian Lynch

The High Court’s decision in Mann v Paterson Constructions Pty Ltd has severely limited the availability of restitution in quantum meruit where a party accepts repudiation of a contract. The High Court has adopted a restrictive approach by reserving quantum meruit for work where a contractual right to payment has not accrued. In circumstances where a contractual right to payment has accrued, a claim in damages for breach of contract is the appropriate remedy. Valuation of restitution in quantum meruit is now, generally, limited to the original contract price. This ensures that parties are no longer able to cherry-pick a claim in damages or restitution. Australia’s approach harmonises the primacy-subsidiary nature of the law of contract and restitution by generally limiting restitution to the parties’ original contractual allocation of risk.

History

Publication Date

2022

Volume

48

Issue

1

Type

Journal Article

Pages

75–93

AGLC Citation

Sebastian Lynch, 'The Contracting Remedy: Mann v Paterson and the Curtailment of Restitution in Quantum Meruit' (2022) 48(1) Monash University Law Review 75.

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