Legal Question in Business Law in California

Re: Need information defining ''Quantum Meruit''

The prior answer is correct in all practical respects. However, Mr. Hoffman shares a common misunderstanding about quantum meruit and quasi-contract. The origins of these doctrines are in the courts of law, and not the courts of equity. Quantum meruit is NOT an equitable doctrine. The practical modern consequence is that a suit based upon quantum meruit may be tried before a jury. Otherwise, the plaintiff or defendant could not demand a jury trial.

Re: Need information defining ''Quantum Meruit''

I really cant add more to the fine explanation provided.

Re: Need information defining ''Quantum Meruit''

Quantum meruit is a term referring to the value of something that has been done, but not completely. The term is used for a doctrine which is established in equity and which is not reflected in any statute I can think of offhand.

A good example would be this: A hires B to build a house for an agreed price of $100,000. A is not satisfied with B's work and fires him half-way through the project and does not pay any portion of the agreed fee. B sues A for breach of contract. The court finds that B did not perform as well as the contract required and therefore finds that it was B who breached and not A. However, the court also finds that A received some value for the work that B did -- say, $30,000 worth -- and orders her to pay him that amount. This would be a quantum meruit recovery.

The rationale is that, if someone in A's position did not pay for the fair value of what was done, she would gain an undeserved windfall while B would go uncompensated for the valuable portion of the work that he did. If people in B's position were not entitled to quantum meruit recoveries, people in A's position would have an incentive to look for any breach, no matter how minor, so that they could refuse to pay for the services they received.