Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32ZI

Parties to pay an amount for valuable benefits obtained

32ZI. Parties to pay an amount for valuable benefits obtained



(1) This section applies if a party to a discharged contract obtained a
valuable benefit (other than a payment of money to which section 32ZG or 32ZH
applies) before the time of discharge because of anything done by another
party in or for the purpose of the performance of the contract.

(2) Despite section 32ZG, the benefited party is liable to pay to that other
party any amount (not exceeding the value of the benefit obtained) that the
court considers just having regard to all the circumstances of the case.

(3) For the purpose of subsection (2), the Court may have regard in particular
to-

   (a)  the amount of any expenses the benefited party incurred before the
        time of discharge in or for the purpose of the performance of the
        contract, including any amount paid or payable by the benefited party
        to any other party under the contract and retained or recoverable by
        that party under section 32ZG or 32ZH; or

   (b)  the effect, in relation to the benefit obtained, of the circumstances
        giving rise to the frustration or avoidance of the contract.





(4) For the purpose of this section, if a party to the contract has assumed
obligations under the contract in consideration of the conferral of a benefit
by another party to the contract on any other person (whether or not that
person is a party to the contract), the court may, if in all the circumstances
of the case it considers it just to do so, treat any benefit conferred on that
other person as a benefit obtained by the party who has assumed those
obligations.