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Australia
quantum meruitterminationbuilding contracts
Mann v Paterson Constructions Pty Ltd
(2019) 267 CLR 560
Key Principle
The High Court held that where a building contract is terminated for the other party's repudiation, the innocent builder cannot recover a quantum meruit for work for which a contractual right to payment had already accrued (its remedy being debt or damages), and that any restitutionary quantum meruit for work where no right to payment had accrued is capped by the contract price for that work.
Area of Law
contract
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