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Contract law
Other common law remedies
Action for the price
If the breach of contract arises out of one party's failure to pay the contractually
agreed price, then the creditor should bring an action to recover that sum.
If the contract is for the sale of goods, the action may only be brought if the property
has passed to the buyer, unless the price has been agreed to be payable in a
specific date.
Quantum meruit
Under this remedy, the value of the contractual work which has already been
performed is measured.
This remedy is likely to be sought where one party has already performed part of his
obligations and the other party then repudiates the contract.
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