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...
Saved in:
Main Authors: | , |
---|---|
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 |