Guam Jury Instruction - 10.10.2 Debt vs. Equity
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FAQ
Meaning of Quantum Meruit Quantum meruit is a Latin phrase and is related to the Indian Contract Act, 1872. The term quantum meruit means 'as much as is merited' or 'as much as is earned'. In other words, it means payment in proportion to the amount of work done.
Quantum meruit has four elements: (1) the provision of valuable services or materials; (2) the services or materials were provided to the defendant; (3) the defendant accepted the goods or services; and (4) the defendant had reasonable notice that the plaintiff would perform the services or furnish the materials and ...
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Restitution (quantum meruit) in an amount that does not exceed a fair value as determined by the contract (that is, the rates or price under the contract acts as a ceiling on the claim).
Many federal circuits have pattern jury instructions formulated by committees of judges and practitioners and approved by the circuit for use in criminal cases.
The Duty to Mitigate This means that an injured party has the responsibility to act reasonably to minimize the harm resulting from the injury. If the court finds that the injured person has not mitigated his or her damages, it can reduce the amount that the victim will be able to recover from the wrongdoer.
Quantum meruit protects the provider of the product or service and ensures that the party who received the items or assistance is not unjustly enriched due to a refusal to pay.
Quantum meruit means "the amount one deserves" or "as much as one has earned". In most cases it denotes a claim for a reasonable sum in respect of services supplied to the defendant.