ABSTRACT
Generally, where there is a breach of a valid contract, the appropriate monetary remedy is an award of damages to protect the claimant’s expectation or status quo interest. However, the claimant may find himself in the position whereby he may terminate his performance obligations due to a breach of the contract by the other party. In these circumstances, the claimant may seek to recover any payment he has made on the ground that there has been a total failure of consideration. Alternatively, he may seek to recover the value of his own partial performance prior to termination on a quantum meruit basis. Both of these remedies are restitutionary in nature since in either event the contract has come to an end, in which case the remedy provided cannot be regarded as contractual in the sense that the claimant’s expectation interest is being protected.
