quantum meruit

/kwontam mehruwat/ "Quantum meruit" as amount of recovery means "as much as deserved," and measures recovery under implied contract to pay compensation as reasonable value of services rendered. Kintz v. Read, 28 Wash.App. 731, 626 P.2d 52, 55.

An equitable doctrine, based on the concept that no one who benefits by the labor and materials of another should be unjustly enriched thereby; under those circumstances, the law implies a promise to pay a reasonable amount for the labor and materials furnished, even absent a specific contract therefor. Swiftships, Inc. v. Burdin, La.App., 338 So.2d 1193, 1195.

Essential elements of recovery under quantum meruit are:

(1) valuable services were rendered or materials furnished,

(2) for person sought to be charged,

(3) which services and materials were accepted by person sought to be charged, used and enjoyed by him, and

(4) under such circumstances as reasonably notified person sought to be charged that plaintiff, in performing such services, was expected to be paid by person sought to be charged. Montes v. Naismith & Trevino Const. Co., Tex.Civ.App., 459 S.W.2d 691, 694.

See also unjust enrichment doctrine.

The common count in an action of assumpsit for work and labor, founded on an implied assumpsit or promise on the part of the defendant to pay the plaintiff as much as he reasonably deserved to have for his labor. 3 BLComm. 161.

It refers to class of obligations imposed by law, without regard to intention or assent of parties bound, for reasons dictated by reason and justice; such obligations not being contracts though form of action is contract, Carpenter v. Josey Oil Co., C.C.A.Okl., 26 F.2d 442, 443; and, amount of recovery being only the reasonable value of the services rendered regardless of any agreement as to value, Smith v. Bliss, 44 Cal.App.2d 171, 112 P.2d 30, 33.