What is Quantum Meruit?

Contract Ready for SignatureQuantum Meruit is a Latin term literally translated as “as much as deserved.”  In a legal context, it is a remedy sought when someone provides goods or services to another in the absence of a written agreement; a situation which happens all too often.

The remedy of Quantum Meruit comes into play to avoid unjust enrichment, which describes a situation in which someone unfairly obtains a benefit to the detriment of someone else.  Unjust enrichment occurs in a variety of scenarios.  Someone is unjustly enriched when he fails to return something he borrowed from his neighbor, or if he deliberately scams someone out of their money based on a false promise.

Quantum Meruit is most often used as a remedy when one party reasonably believed there was an agreement and carried out her obligations to the benefit of another with the understanding and belief that she would be paid for her services.  Courts tend to issue a Quantum Meruit award in cases where the enriched party knew of the other party’s mistaken belief that she would be paid for her services and did nothing to disabuse her of that notion.

 

 



Author: Seth Heyman
Seth D. Heyman is a California attorney with extensive experience in advertising and marketing law, corporate law, contracts, governmental regulations, international business, and Internet law. He has counseled numerous successful companies, both public and private, and was responsible for regulatory compliance, contract management, corporate governance, and HR best practices for multiple organizations in many diverse industries, including marketing, telecommunications, energy, and technology development. He offers insight and guidance on federal and state direct mail, TV, radio, telemarketing, and Internet marketing laws, as well as online promotions, Internet privacy, data protection regulations, and similar matters.

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