Illinois General Form of Complaint for Quantum Meruit - For Services Rendered

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Multi-State
Control #:
US-03280BG
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Word; 
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Description

The phrase quantum meruit means as much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his Complaint that the defendant promised to pay him as much as he reasonably deserved, and then state that that defendant has failed to pay such amount.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

?Damages in unjust enrichment are measured by the value of what was inequitably retained. In quantum meruit, by contrast, the damages are not measured by the benefit realized and retained by the defendant, but rather are based on the value of the services provided by the plaintiff.? Id. ¶ 7, 708 A. 2d at 271.

Quantum Meruit is the more straightforward of the two causes of action in which the party providing the goods or service to the other asks the court to fill in an important blank that the parties did not sufficiently address ? the price term. Unjust enrichment is more complicated.

If there is no specific amount set for work completed under an agreement, a quantum meruit claim can occur. It can also arise when there's a contract if any of the following occur: At the request of the owner, work is completed. The contract cannot be enforced or is void.

A Quantum Meruit claim arises in the following cases: When an agreement is found to be void or it becomes void. If a party does some work or renders services without the intention of doing so 'free of charge'. If there is a contract to render services (express or implied) but there is no mention of remuneration.

However, a claim for quantum meruit may arise where the parties: Have not agreed a contract, or there is a so-called quasi-contract. For example, the parties may have agreed some of the contractual terms, but may have failed to reach an agreement on an essential term, such as price.

To prevail on a quantum meruit claim under Illinois law, the plaintiff must plead and prove: The plaintiff performed a service that was of some measurable benefit to the defendant. The plaintiff did not perform the service gratuitously. The defendant accepted the service.

Quantum meruit damages are awarded in an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship. This amount may also be described as the reasonable value of services rendered by one party to another.

However, a claim for quantum meruit may arise where the parties: Have not agreed a contract, or there is a so-called quasi-contract. For example, the parties may have agreed some of the contractual terms, but may have failed to reach an agreement on an essential term, such as price.

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Illinois General Form of Complaint for Quantum Meruit - For Services Rendered