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

State:
Multi-State
Control #:
US-03280BG
Format:
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

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 ...

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.

Under general contract of law principals, courts may award quantum meruit damages?a reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract.

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.

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.

In order to have a successful quantum meruit claim, the plaintiff must prove that the defendant agreed to the services provided by the plaintiff and expected to pay the plaintiff. The plaintiff also must prove that the defendant was unjustly enriched, which means that the party received goods or services at no cost.

The quantum meruit concept first appeared in Louisiana jurisprudence in the form of quantum valebant, which deals with the value of goods sold rather than the value for services rendered.

This amount may also be described as the reasonable value of services rendered by one party to another. Quantum meruit is often calculated based on the market value of the services, but courts retain discretion in calculating equitable remedies.

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