Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

Abstract

Should a claimant be entitled to maintain a claim for restitution in respect of work carried out under a contract that is subsequently discharged for breach or repudiation? Should the claimant instead be limited to a contractual claim for damages? If a claim for restitution is maintainable in these circumstances, should the contract price operate as a ceiling upon the sum recoverable? In Mann v Paterson Constructions Pty Ltd the High Court of Australia will be presented with an opportunity to consider these questions. The principal object of this column is to outline the different ways in which the relationship between damages and restitution may be understood in this setting.