Anticipated Contracts and Unjust Enrichment

[2023] Lloyd's Maritime and Commercial Law Quarterly pp. 399-404

6 Pages Posted: 5 Sep 2023

See all articles by Henry Cooney

Henry Cooney

The University of Western Australia

Date Written: August 17, 2023

Abstract

Considers whether a claim in unjust enrichment is available to a party that confers pre-contractual benefits upon another party in anticipation of concluding a contract with that party when contractual negotiations break down and no contract is concluded.

Keywords: unjust enrichment, contract, anticipated contracts, restitution, free acceptance, failure of basis, failure of consideration, quantum meruit, good faith, subsidiarity

Suggested Citation

Cooney, Henry, Anticipated Contracts and Unjust Enrichment (August 17, 2023). [2023] Lloyd's Maritime and Commercial Law Quarterly pp. 399-404, Available at SSRN: https://ssrn.com/abstract=4543654

Henry Cooney (Contact Author)

The University of Western Australia ( email )

35 Stirling Highway
Crawley, Western Australia 6009
Australia

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