Restitution and Contract

Andrew Skelton is a barrister specialising in civil litigation, construction, property, lease & insurance disputes & disciplinary matters.

• Chapter 1. Introduction and Fundamental Concepts A. Introduction B. Scope and Structure C. Discharge for Breach and Restitution for Failure of Consideration D. Benefit, Subjective Devaluation and the Tests of Enrichment E. The Position in Principle Chapter 2. Claims for Money, A. The Requirement of Total Failure of Consideration, B. Restitution of Money for Failure of Consideration - Can the Innocent Party Escape from a Bad Bargain? C. Does the Position in relation to Claims for Money Constitute an Unwarranted Subversion of Bargains? D. Summary, Chapter 3 Claims for Non-Money Benefits I: The Position in the Case Law, A. Claims for a Quantum Meruit following Discharge for Breach, B. Should the Contract Price operate as a Ceiling on the Restitutionary Award? C. Summary Chapter 4 Claims for Non-Money Benefits II: Analysis of the Position in the Case Law and Proposed Solution, A Justifications of the Prevailing Position, B. Criticisms of the Prevailing Position , C. Summary and Proposed Solution, Chapter 5 The Position of the Defaulting Party, A. Claims for Money, B. Claims for Non-Money Benefits, Chapter 6 Summary