The High Court's decision in Lumbers v W Cook Builders did not clearly reject free acceptance as an unjust factor in Australian law; the question remains open and should not be summarily determined. Failure of consideration in the unjust enrichment context does not require the existence of a contract — it concerns the failure of the 'basis' or 'condition' upon which a benefit was conferred. Quantum meruit is a form of action, not a cause of action, and can fall within the category of unjust enrichment; it is a category error to treat quantum meruit, failure of consideration, and unjust enrichment as separate claims.
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