Liability for work done where contract is denied: Contractual and restitutionary approaches

This paper explores the divide between the law of contract and the law of restitution in dealing with the different situations that arise from one party commencing work prior to the conclusion of a formal contract. It argues that contract and unjust enrichment each have a proper role to play in deal...

Full description

Saved in:
Bibliographic Details
Main Authors: YIP, Man, GOH, Yihan
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2012
Subjects:
Online Access:https://ink.library.smu.edu.sg/sol_research/1106
https://ink.library.smu.edu.sg/context/sol_research/article/3058/viewcontent/Liability_for_work_done_where_contract_is_denied__Contractual_and.pdf
Tags: Add Tag
No Tags, Be the first to tag this record!
Institution: Singapore Management University
Language: English
id sg-smu-ink.sol_research-3058
record_format dspace
spelling sg-smu-ink.sol_research-30582018-12-17T09:10:50Z Liability for work done where contract is denied: Contractual and restitutionary approaches YIP, Man GOH, Yihan This paper explores the divide between the law of contract and the law of restitution in dealing with the different situations that arise from one party commencing work prior to the conclusion of a formal contract. It argues that contract and unjust enrichment each have a proper role to play in dealing with such cases. First, it argues against a purely contractarian view that such cases should be exclusively resolved by the law of contract, through an implied collateral contract. Such a technique, applied vigorously, would result in nullifying the concept of “essential terms” and an artificial construction of parties intentions. Second, it dispels the myths that the law of unjust enrichment is inadequate to deal with the problem, by clarifying the enrichment test and the unjust factor to be applied in such cases. It will be shown that the defendant s assumption of the risk of financial responsibility for the benefit is key to establishing these two elements of the claim. 2012-05-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/1106 https://ink.library.smu.edu.sg/context/sol_research/article/3058/viewcontent/Liability_for_work_done_where_contract_is_denied__Contractual_and.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University contract restitution unjust enrichment pre-contractual liability Commercial Law Contracts
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic contract
restitution
unjust enrichment
pre-contractual liability
Commercial Law
Contracts
spellingShingle contract
restitution
unjust enrichment
pre-contractual liability
Commercial Law
Contracts
YIP, Man
GOH, Yihan
Liability for work done where contract is denied: Contractual and restitutionary approaches
description This paper explores the divide between the law of contract and the law of restitution in dealing with the different situations that arise from one party commencing work prior to the conclusion of a formal contract. It argues that contract and unjust enrichment each have a proper role to play in dealing with such cases. First, it argues against a purely contractarian view that such cases should be exclusively resolved by the law of contract, through an implied collateral contract. Such a technique, applied vigorously, would result in nullifying the concept of “essential terms” and an artificial construction of parties intentions. Second, it dispels the myths that the law of unjust enrichment is inadequate to deal with the problem, by clarifying the enrichment test and the unjust factor to be applied in such cases. It will be shown that the defendant s assumption of the risk of financial responsibility for the benefit is key to establishing these two elements of the claim.
format text
author YIP, Man
GOH, Yihan
author_facet YIP, Man
GOH, Yihan
author_sort YIP, Man
title Liability for work done where contract is denied: Contractual and restitutionary approaches
title_short Liability for work done where contract is denied: Contractual and restitutionary approaches
title_full Liability for work done where contract is denied: Contractual and restitutionary approaches
title_fullStr Liability for work done where contract is denied: Contractual and restitutionary approaches
title_full_unstemmed Liability for work done where contract is denied: Contractual and restitutionary approaches
title_sort liability for work done where contract is denied: contractual and restitutionary approaches
publisher Institutional Knowledge at Singapore Management University
publishDate 2012
url https://ink.library.smu.edu.sg/sol_research/1106
https://ink.library.smu.edu.sg/context/sol_research/article/3058/viewcontent/Liability_for_work_done_where_contract_is_denied__Contractual_and.pdf
_version_ 1772829268651278336