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.
New Mexico General Form of Complaint for Quantum Merit — For Services Rendered: Understanding Your Rights and Legal Process Keywords: New Mexico, general form of complaint, quantum meruit, services rendered, rights, legal process Introduction: The New Mexico General Form of Complaint for Quantum Merit — For Services Rendered is a legal document used when an individual or business seeks compensation for services rendered without a formal contract. Quantum Merit refers to a legal doctrine that allows for the recovery of a reasonable value for services provided. This detailed description aims to provide an overview of what the form entails, including its purpose, the parties involved, and the legal process it invokes. Purpose of the Form: The General Form of Complaint for Quantum Merit — For Services Rendered allows individuals or businesses in New Mexico to file a legal claim seeking payment for services rendered when there is no written contract or agreed-upon price. This form helps the claimant assert their right to receive compensation, as quantum meruit provides a legal remedy when one party is unjustly enriched at the expense of another. Parties Involved: 1. Plaintiff: The party seeking compensation is referred to as the plaintiff. The plaintiff must establish that they provided services to the defendant without a contract and are entitled to payment. 2. Defendant: The party against whom the claim is being made is the defendant. The defendant may contest the plaintiff's claim by presenting evidence to dispute the services rendered or the amount owed. Content of the Form: The New Mexico General Form of Complaint for Quantum Merit — For Services Rendered typically includes the following details: 1. Caption: The form begins with a caption detailing the court's name, the plaintiff's name, and the defendant's name. 2. Statement of Jurisdiction: This section indicates the court's authority to hear the case and asserts that the matter falls within its jurisdiction. 3. Factual Allegations: The plaintiff must provide a detailed account of the services rendered, including when and where they were provided, the nature of the services, and any relevant supporting documents. 4. Breach of Contract: As quantum meruit assumes the absence of a contract, this section explains why there was no written contract and how the defendant unjustly benefitted from the services rendered. 5. Damages: The plaintiff must establish the value of the services provided and the amount of compensation sought. This section may include invoices, estimates, or expert testimony to support the claim. 6. Prayer for Relief: This part outlines the specific relief sought, which is typically the payment of the amount owed, interest, attorney fees, and any other appropriate damages. Types of New Mexico General Form of Complaint for Quantum Merit — For Services Rendered: Different versions of the New Mexico General Form of Complaint for Quantum Merit — For Services Rendered may exist based on the nature of the services rendered or other specific factors related to the case. However, the basic structure and content mentioned above will likely remain consistent. Conclusion: The New Mexico General Form of Complaint for Quantum Merit — For Services Rendered is a crucial legal document used by individuals or businesses to seek compensation for services rendered without a formal contract. Understanding the purpose of the form, the parties involved, and its content is essential in navigating the legal process effectively. Consultation with an attorney is strongly recommended ensuring accurate completion and to protect your rights throughout the legal proceedings.