Publication Type

Journal Article

Publication Date

1-1989

Abstract

The question posed by the title of this part of the article has been the subject of a substantial amount of commentary by American legal scholars and has been a central issue in a number of cases, almost all of them involving building contracts. The problem is easy to state: P and D have an agreement for P to construct a building for a total consideration of $X. When P is partially finished, D breaches. If the contract price and the value of the work to date roughly coincide, there is usually little problem in determining P's recovery. The standard rule of measurement is: expenses incurred to date plus expected profit (the 'benefit of the bargain'). Difficulties arise when the value of P's work exceeds the contract price. We are thus concerned in this part with valid and enforceable contracts which have as their distinguishing feature, from the builder's perspective, an element of unprofitability.

Keywords

Restitution, Quantum Meruit, contracts, building contracts

Discipline

Commercial Law | Contracts

Research Areas

Commercial Law

Publication

Journal of Contract Law

Volume

2

Issue

2

First Page

189

Last Page

205

ISSN

1030-7230

Publisher

Elsevier Science B.V., Amsterdam.

Copyright Owner and License

Authors

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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