Unformatted text preview: suppose to lose money on the contract and not gain. Rule: Restitution claim can be found when a defendant obtained a benefit at plaintiff’s expense, and the defendant’s retention of that benefit without compensating the plaintiff would be unfair. Rational: Although Coastal would not be entitled to any normal rule of contract damages, they are entitled to recover in quantum meruit (restitution). The restitution is on the reasonable value of the services provided, and is not limited on the contract. Holding: Coastal can recover the service of providing a rental of the cranes even though it was not in the contract because the contractor benefited from it, at the expense of Coastal. Synthesis: Dissent/Concurrences:...
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- Fall '11