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

State:
Multi-State
Control #:
US-03280BG
Format:
Word; 
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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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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 ...

An action in quantum meruit is available to recover money for services supplied to a defendant in circumstances where the claimant is not recompensed by performing their obligations. The claimant must usually show that the defendant expressly or impliedly requested or freely accepted the services in question.

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 can be relevant for example: (i) where the parties have not agreed a valid contract covering the work to be performed, or (ii) where the contract does not contain an agreed sum for payment, or (iii) where the parties have agreed to pay a reasonable sum for the work done, or (iv) where the parties have ...

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.

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.

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.

To prove a claim for quantum meruit, you have to show three things: You conferred a measurable benefit on the defendants in the claim, You reasonably expected compensation for conferring it, and. The defendants accepted that benefit in the knowledge that you reasonably expected to be paid for it.

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