If the claimant has performed all, or a substantial part of, his obligations to render a service under a contract, he seems to have an unconstrained choice as to whether to sue for damages in contract or to seek a quantum meruit. If the actions yield different results, the claimant will obviously opt for the more favourable remedy. In cases of partial performance, where the defendant has voluntarily adopted the claimant's performance, a quantum meruit award may be made (See Sumpter v Hedges (1898) 1 QB 673