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What Is Quantum Meruit?

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0 2022-10-29T20:15:17+00:00

Hey friend,

From what I know, the phrase ‘Quantum Meruit’ translates to "the amount one deserves' ' or "as much as one has earned". Usually, the phrase is used in the context of law. It is said to denote a claim for a reasonable sum in return of services or goods supplied to the defendant.eg, If a later says Quantum Meruit, then they might be denoting a pay for their services incurred.

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Hey Buddy,

Do you want to know, what is quantum meruit in contract law? Let me assist you with this. Quantum meruit is a Latin expression that translates to "what one has earned" or "as much as he has earned." It clearly refers to the actual worth of the services provided. A legitimate claim based on fair remuneration is known as quantum meruit. It is an alternative remedy to a contract action that may be brought for only partial performance. At most, residual equity can be used to explain a claim in quantum meruit.

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Quantum meruit under Indian contract act refers to compensation based on the volume of work completed. Normally, one must fully fulfil his or her commitment before claiming performance from another. However, in rare circumstances, someone who has completed work under a contract may be entitled to compensation for the job that has already been completed. 

In contrast to the entitlement to damages, the claim on "quantum meruit" does not derive from a contract. It is a claim based on a situation-implied quasi-contractual obligation. Only when a real contract is terminated does the claim for quantum meruit become valid.

Quantum Meruit refers to a situation when the person providing the service has completed some but not all of the work required of him and is requesting payment for the worth of the work completed. For this rule to be applicable, two prerequisites must be satisfied:

  • Contract is discharged.

  • The party who has not defaulted is the one who makes the claim.

A claim under a quasi-contract is known as a quantum meruit. The discharge of the actual contract gives rise to the quantum meruit claim. The following are the various situations in which quantum meruit occurs:

  • In the event that a contract or agreement is declared void.

  • if the conduct is gratuitous.

  • whether the contract is divisible.

  • if a circumstance arises that prevents the contract's fulfilment.

  • In the instance of an indivisible contract, everything was done perfectly but incorrectly.

I would like to conclude here about what is quantum meruit in contract law. I hope this helps:)

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