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General Form of Complaint for Quantum Meruit - For Services Rendered

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

Q: What is the quantum meruit law in Massachusetts?

Under Massachusetts law, quantum meruit &#039;is a claim independent of an assertion for damages under the contract, although both claims have as a common basis the contract itself.

Category:

Liens - Construction

State:

Multi-State

Control #:

US-03280BG

Format:

Instant download

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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How to fill out General Form Of Complaint For Quantum Meruit - For Services Rendered?

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FAQ

The elements of a quantum meruit claim are: (1) valuable services or materials provided by plaintiff to the defendant, (2) who accepted the services or materials, (3) under such circumstances as would reasonably notify defendant that the plaintiff expect to be paid.

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.

Quantum meruit Have not agreed a contract, or there is a so-called quasi-contract. ... Have not fixed a price for the services supplied. Have an agreement to pay a reasonable sum for the services supplied. Have agreed a scope of work under the original contract and the work carried out falls outside that scope.

Under Massachusetts law, quantum meruit 'is a claim independent of an assertion for damages under the contract, although both claims have as a common basis the contract itself.

The elements of unjust enrichment exist if: 1) you provided something of value to the defendant; 2) the defendant acknowledged, accepted and benefitted from what you provided; and 3) it would be inequitable for the defendant to enjoy the benefit you provided without compensating you.

The theory of quantum meruit is based on the idea that it is fair to compensate someone for the value of their services, even if there was no prior legal agreement in place. It is often used in cases where one party has performed a service for another, and there is no written contract between the two parties.

Quantum meruit literally translates to ?as much is earned?. At times when one party of the contract is prevented from finishing his performance of the contract by the other party, he can claim quantum meruit. So he must be paid a reasonable remuneration for the part of the contract he has already performed.

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 ...

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

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

Description

Related forms

Viewed forms

How to fill out General Form Of Complaint For Quantum Meruit - For Services Rendered?

Form popularity

FAQ

What are the elements of quantum meruit?

What determines quantum meruit?

What are the features of quantum meruit?

What is the quantum meruit law in Massachusetts?

What are the 4 elements of unjust enrichment?

What is the principle of quantum meruit?

What is the remedy of quantum meruit?

What are the requirements for quantum meruit?

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