Section 6Part 2 — Frustrated Contracts
Accountability for benefits received in respect of a frustrated contract
←→ Navigate · Click subsection badges to collapse · Press ? for help
Where any party to the contract has, by reason of anything done by any other party thereto in, or for the purpose of, the performance of the contract, obtained a valuable benefit (other than the payment of money to which section 5 applies) before the time of discharge, there shall be recoverable from him by the said other party such sum, if any, not exceeding the value of the said benefit to the party obtaining it, as the court considers just, having regard to all the circumstances of the case and, in particular —
the amount of any expenses incurred before the time of discharge by the benefited party in, or for the purpose of, the performance of the contract, including any sums paid or payable by him to any other party in pursuance of the contract, and retained or recoverable by that party under section 5; and
the effect, in relation to the said benefit, of the circumstances giving rise to the frustration of the contract.
Cross References
- Section 5 of Contracts Act
payment of money to which section 5 applies
Referenced By
- Section 7 — Computation of expenses
purposes of section 5 or 6
- Section 8 — Exception of insurance receipts in certain cases
sums which ought to be recovered or retained under section 5 or 6