Legal Question in Business Law in California
Need Quantum Meruit case info
I need a list of cases showing where one is due compensation under Quantum Meruit, even when the work performed wasn't contracted for, but was still necessary. Thank you!
3 Answers from Attorneys
Re: Need Quantum Meruit case info
http://letmegooglethatforyou/?q=quantum+meruit+cases
Re: Need Quantum Meruit case info
You can pay an attorney to do your research, and handle your legal case, which is the job he works at for money to support his family, OR you can use online searches to try to do so yourself. Just type in your search terms. There is no reason or incentive any attorney would drop what he is doing to satisfy your desires, just because you want the 'free' benefit of his efforts. I doubt that theory and request would work at your dentist, mechanic or grocery store.
Re: Need Quantum Meruit case info
A list? There are probably 100,000 or more cases that have reached the appellate courts in which "quantum meruit" (or "so much as he deserves") or its twin "quantum valebat" ("so much as it is worth") have been at issue since the concept was first introduced into the common-law courts in Moses v. Macferlan (1760) 2 Burr. 1005; 97 English Reports 676. (There is a common misunderstanding that quantum meruit is an equitable principle, but Lord Mansfield was a judge of the King's Bench, and as such his decision in Moses v. Macferlan was purely an expression of the law of the time, not equity, notwithstanding his use of the expression "ex aequo et bono" (legal Latin for "from equity and conscience") in his opinion. Consequently, courts have consistently held that a jury is proper in quantum meruit cases. (A jury is available in the U.S. for civil cases based on "law" but not cases based on "equity" principles.)
How many cases do you need, and what particular issues should those cases highlight? What happened? Is there a lawsuit under way? One planned? Are you the defendant or the plaintiff?
What I'm trying to say is that quantum meruit and the related (but not identical) legal concepts of quasi-contract, "unjust enrichment" and restitution are so widely used and so generally accepted that asking for a list of cases showing application of the principle is about the same as asking for a list of cases showing that murder is illegal.
To get possibly-useful answers out of the LawGuru attorneys, it is usually helpful to ask a question based on a set of facts that are specific to your problem, while retaining enough generality that the answer will be interesting and helpful to others who are similarly situated.
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