Cases - Trimis v Mina

Record details

Name

Trimis v Mina

Date

[2000]

Citation

2 TCLR 346

Keywords

Contract - contract for work done or goods supplied - payment - claim for restitution - whether a claim for restitution can be brought while an inconsistent contractual promise subsists

Summary

It was held that the fundamental starting point is that no restitutionary claims, especially claims for work done or goods supplied, can be brought while an inconsistent contractual promise subsists between the parties in relation to the subject-matter of the claim. This ensures that the law does not countenance two conflicting sets of legal obligations subsisting concurrently. If there is a valid and enforceable agreement governing the claimant's right to payment, there is 'neither occasion nor legal justification for the law to superimpose or impute an obligation or promise to pay a reasonable remuneration.'