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Part IV Termination and Affirmation, 11 Restitutionary Relief

From: Termination for Breach of Contract (2nd Edition)

John E Stannard, David Capper

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 15 January 2021

Damages and contract — Contract clauses and damages — Termination and damages — Types of damages

This chapter assesses several inter-connected instances where the non-breaching party in a contract terminated for the other's breach might seek restitutionary relief under the law of unjust enrichment as opposed to damages for breach of contract. For claims where the claimant seeks to recover benefits transferred under a contract now terminated, it is still conventional to distinguish between claims for restitution of money benefits and claims for non-money benefits. The chapter also differentiates restitution for breach of contract from restitution following breach of contract. It then turns to situations where the party that committed the breach is seeking restitution of money and non-money benefits transferred under the contract. The first question to be addressed is why that breach does not of itself bar any restitutionary claim.

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