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A legal principle under which a person should not be obliged to pay, nor should another be allowed to receive, more than the value of the goods or services exchanged; hence, as much as is deserved only.
Closely related to the equitable concept of enrichment, quantum meruit is often claimed by lawyers, for example, where they have performed legal services for a client but neglected to have the client sign a retainer. In asking a court to recognize their bill for services, they fall back on quantum meruit.
Although the existence of a quantum meruit remedy does not depend on a contract, it is also a remedy in contract law where a contract has been breached but after one side received partial or full benefit, and the contract does not include a clause providing for this eventuality (such as a liquidated damages clause).
According to “Building Contract Claims”4th Edition by David Chappell, Vincent Powell-Smith
& John Sims “The exact meaning of quantum meruit in practical terms can be a difficult question. It seems that in the absence of any other indicator, it must be a fair commercial rate. Moreover, it can be valued by reference to any profit on the work made by the other party and to any competitive edge which the provider of the service enjoys – for example, already being on site and, therefore, avoiding the need for mobilization costs”.
Thanks
Thanks for the invitation, but I did not understand your question, unfortunately!
