What remedies are available to a party to a contract where the other party fails to complete the entire contract?

Saskatchewan, Canada


The following excerpt is from Boreen v. Longpre, 2003 SKPC 21 (CanLII):

[53] If the parties to a contract agree to substitute a new contract for the original one (or if it can be implied from their conduct that they have substituted a new contract for the original one) and one of the parties does not fulfill his or her obligations/promises on the new contract then the injured party can treat this as a breach of the new contract and sue on the basis of contractual quantum meruit upon the new contract and recover the value of work done in performance of the new contract . The injured party is entitled to refuse to proceed further under the contract, to abandon it and to sue for the value of work done where the owner prevents him or her from performing the work or where the owner fails to perform his contractual obligations before the other party completes the whole or entire contract. (See Cragnoline v. Soughwick, (1916) 27 O.W.R. 445.) It is important to note that this liability arises from a truly contractual relationship. It presumes that parties have entered into a valid contract but that they have not agreed upon a price for services to be rendered by one party to the other party. The court then implies a term for reasonable payment for work done.

Other Questions


What is the test for interpreting a contract where a clause in the contract requires a party to pay 100,000 of its covenants to pay £100,000? (Saskatchewan, Canada)
Is a contract made by a mentally incompetent person voidable and set aside if the other party knows of the deficiency? (Saskatchewan, Canada)
What is the legal test for a contract where a party agrees to be a foreman at a salary of £2 per week and a house to live in? (Saskatchewan, Canada)
What is the test for breaching the terms of a contract where a contractor is required to bore 150 feet (50m) of rock to complete a well? (Saskatchewan, Canada)
How have courts interpreted the terms of a contract where the contract is not enforceable and the contract does not specify terms? (Saskatchewan, Canada)
What is the liability of a party in breach of a contract when the contract is breached? (Saskatchewan, Canada)
Can a party in his own name adopt a property in the name of the owner without the consent or sanction of the other party? (Saskatchewan, Canada)
Is it necessary to make a party to a cause where all equitable interest has been assigned over? (Saskatchewan, Canada)
Can a person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
Can a guarantor be discharged from a contract where there has been dealing with or altering of the security? (Saskatchewan, Canada)

There are no other similar questions at this time.