Editing Contracts/Quantum meruit
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The concept of ''quantum meruit'' applies in (but is not limited to) the following set of situations: | The concept of ''quantum meruit'' applies in (but is not limited to) the following set of situations: | ||
#When a person hires another to do work, but an impeding act falling short of vitiating frustration/repudiation has | #When a person hires another to do work, but an impeding act falling short of vitiating frustration/repudiation has occured, such as access or intervening [[Actus Dei|act of God]], the worker may sue (or counter-sue) for the value of the improvements made/services rendered. The law implies a promise from the employer to the worker that they will pay them for their services, as much as they may deserve or merit.<p>The measure of value set forth in a contract is legally admissible as evidence of the value of the improvements or services but the court (or thus [[out of court settlement]]) is ''not'' required to use the contract's terms when calculating a ''quantum meruit'' award. (This is because the values set forth in the contract are rebuttable, meaning the one who ultimately may have to pay the award can contest the value of services set in the contract.)</p> | ||
#When there is an express contract for a stipulated amount and mode of compensation for services, the plaintiff cannot abandon the contract and resort to an action for a ''quantum meruit'' on an implied [[assumpsit]].<ref>See [[repudiation]], which such abandonment/scrapping would amount to.</ref> However, if there is absence of any promised consideration, the plaintiff (such as hirer) has a right to elect to repudiate the contract and, failing a valid frustration, innocent mistake reason or similar defense, has the right to compensation from the defendant on a ''quantum meruit'' basis. | #When there is an express contract for a stipulated amount and mode of compensation for services, the plaintiff cannot abandon the contract and resort to an action for a ''quantum meruit'' on an implied [[assumpsit]].<ref>See [[repudiation]], which such abandonment/scrapping would amount to.</ref> However, if there is absence of any promised consideration, the plaintiff (such as hirer) has a right to elect to repudiate the contract and, failing a valid frustration, innocent mistake reason or similar defense, has the right to compensation from the defendant on a ''quantum meruit'' basis. | ||