| 单词 | recompense |
| 释义 | recompense recompense the Scots term for the obligation to pay for services in the absence of contract or, indeed, an as yet unrecognised general enrichment action. An aspect of the law of RESTITUTION and founded upon the civil law, the remedy is to make the recipient of the work done or services rendered disgorge the value to the recipient of the work (in quantum lucratus). This can be, and usually will be, less than the contract price and indeed may be less than would be due under an implied contract, which would allow recovery quantum meruit – for the market value of the services. The service must usually be done without an intention to donate. If rendered in error, then recov- ery is assisted, but it is unlikely that error is required. See Edinburgh Trams v. Courteney 1909 SC 99; Varney (Scotland) Ltd v. Lanarkshire 1974 SC 245; Lawrence Building Co. v. Lanark Co. Co. 1978 SC 30. |
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