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How well did you answer the questions? Score your responses against the answer guidance here.
In brackets is the number of marks each answer is worth. There is a maximum of 6points available.
1. When would a claim for an agreed sum be appropriate? (2)
Answer guidance:
Where the innocent party has performed its contractual obligations (e.g. delivery of goods or performed a service), (1) and the other has not paid, in breach of contract. The action will be for the liquidated amount of the price – a debt claim. (1)
2. Give two examples of instances when a restitutionary remedy would be appropriate. (4)
Answer guidance:
(a) Recovery of money paid where there has been a total failure of consideration (i.e. no performance at all by the recipient of that money). See e.g. McRae v Commonwealth Disposals Commission. (2)
(b) Recovery on quantum merit (reasonable value of a benefit) where a benefit has been conferred by the innocent party on the guilty party (and there is no contractual provision for remuneration) which, if it were retained, would unjustly enrich the guilty party. (2)
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