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Editing Contracts/Quantum meruit
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'''V.''' A promoter enters into a long-term service contract with a theatre to help book and organise shows for no-one else for a few months. They take part-paid bookings for shows over these months but pass on none of that as agreed as they have grounds to allege the theatre is unsafe and the theatre need to make it safe. The theatre performs no repairs. Instead, the theatre terminates the contract before the benefit of the shows. After this the theatre runs most of the shows and gains benefit but does not pay the promoter. Some shows the theatre cancels without cause. A court would decide, following similar precedent, that the promoter is entitled to an assumpsit on a ''quantum meruit'' if the promoter has acted in a proportionate way as trustee (depository), delaying forwarding of the principal of the ticket sale part-payments, for sufficiently well-founded premises defects which could have affected its reputation. | '''V.''' A promoter enters into a long-term service contract with a theatre to help book and organise shows for no-one else for a few months. They take part-paid bookings for shows over these months but pass on none of that as agreed as they have grounds to allege the theatre is unsafe and the theatre need to make it safe. The theatre performs no repairs. Instead, the theatre terminates the contract before the benefit of the shows. After this the theatre runs most of the shows and gains benefit but does not pay the promoter. Some shows the theatre cancels without cause. A court would decide, following similar precedent, that the promoter is entitled to an assumpsit on a ''quantum meruit'' if the promoter has acted in a proportionate way as trustee (depository), delaying forwarding of the principal of the ticket sale part-payments, for sufficiently well-founded premises defects which could have affected its reputation. | ||
==Notable cases== | ==Notable ''quantum meruit'' cases== | ||
*''[[Boardman v Phipps]]'' | *''[[Boardman v Phipps]]'' | ||
*''[[Sumpter v Hedges]]'' [1898] 1 QB 673 | *''[[Sumpter v Hedges]]'' [1898] 1 QB 673 |