BTF1010 Lecture Notes - Lecture 10: Equitable Remedy, Institute For Operations Research And The Management Sciences, Condition Subsequent

• School: Monash Caulfield
• Department: Business Law and Taxation
• Course: BTF1010
• Professor: Dr Benjamin Hayward

Document Summary

If a (cid:449)as to paint b house for and is being paid a lump sum at end of the job, Terms of payment (cid:449)ere (cid:862)(cid:374)et (cid:272)ash as the (cid:449)ork proceeds, and balance on (cid:272)o(cid:373)pletio(cid:374)(cid:863). Later isaa(cid:272)s finished and claimed balance of 450. H paid 100 but refused to pay balance due to faulty design, arguing that it was an entire contract that had not been completely fulfilled. However, when s ran out of money he abandoned the project. H used left over materials, s claimed payment as quantum meruit (did not claim the contract price but wanted compensation for the value of the work he had carried out and materials used). S was not entitled to a quantum meruit because he abandoned the project, nor was he entitled to any further payments on the basis of his part performance as it was an entire contract.