(Download) "Lumbers V. W. Cook Builders Pty. Ltd. (In Liq): Restitution for Services and the Allocation of Contractual Risk (Australia)" by Melbourne University Law Review # eBook PDF Kindle ePub Free
eBook details
- Title: Lumbers V. W. Cook Builders Pty. Ltd. (In Liq): Restitution for Services and the Allocation of Contractual Risk (Australia)
- Author : Melbourne University Law Review
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 287 KB
Description
[In Lumbers, the High Court held that a subcontractor could not obtain remuneration from the defendant (on whose land the subcontractor had performed building work) for services rendered pursuant to an arrangement between the subcontractor and head contractor. The Court adopted a retrograde approach to claims for a quantum meruit by focusing solely on whether there was a request by the defendant for the services. More soundly, the Court relied upon the principle that claims in restitution should not defeat a contractual allocation of risk. This case note argues that the Court's reasoning is insensitive to the complexities that arise in determining quantum meruit claims in the context of services. The High Court's reinterpretation of the law of unjust enrichment in service-based claims as requiring a request has directed Australian law down the path of legal fiction and--consistently with other recent decisions deploring 'top-down' unjust enrichment reasoning--ignores the analysis of substance.] I INTRODUCTION
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