The aggrieved party may claim payment in proportion to the work performed or the amount paid by him/her in cash or in kind in any of the following circumstances;
(a) In case the contract is terminated due to the mistake of the other party at a time when he/she has already completed the work to be performed under the contract or was performing it;
(b) In case the other party utilizes any service or commodity that has been given to him/her without the clear intention of giving it free of cost.