Remedies

(Apply To All Three Doctrines.)

A.

Restitution and reliance recovery are allowed for part performance prior to discharge of contractual duties. (Rest. 2d. § 377.) The party receives the contract rate or the reasonable value of the part performance.

B.

Generally, there is no recovery for reliance that has not conferred a benefit on the other party. However, Restatement (Second) § 272(2) opposes the general rule and allows relief “as justice requires,” including protection of the parties’ reliance interests.

C. Reformation

Instead of dissolving a contract whose principal purpose has become frustrated, impossible, or impracticable, some courts will reform the problematic provisions and make the contract performable.