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General Form of Complaint for Quantum Meruit - For Services Rendered

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

Q: What is quantum meruit essentials?

Quantum meruit is a Latin word that refers to &quot;what one has earned.&quot; It is a legal doctrine that allows a court to award reasonable compensation to a person who has completed a contractual obligation, even if the contract did not explicitly provide for that compensation.

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

Quantum meruit is a Latin word that refers to "what one has earned." It is a legal doctrine that allows a court to award reasonable compensation to a person who has completed a contractual obligation, even if the contract did not explicitly provide for that compensation.

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 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.

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.

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.

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 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.