Where the benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract [...], may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).
Answer
before the frustrating event
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#contract #frustration #law
Question
Where the benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract [...], may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).
Answer
?
Tags
#contract #frustration #law
Question
Where the benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract [...], may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).
Answer
before the frustrating event
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Open it benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract <span>before the frustrating event, may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an as
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