Abstract:
Situations in which a party renders services or takes preparatory steps in anticipation of a formal contract being concluded present considerable taxonomic and analytic difficulties. In recent cases, the courts have generally assumed that these situations involve issues of restitution, yet have tended to apply a variety of criteria to make a discretionary assessment of liability. This type of approach does not necessarily promote certainty and consistency in analysis. This article attempts to determine how recovery in the various categories of anticipated contract situations is best determined, with particular reference to the role that unjust enrichment should play.