Law · Legal Information · Justice
 

Quantum meruit

Latin for as much as is deserved. This is a legal principle under which a person should not be obliged to pay, nor should another be allowed to receive, more than the value of the goods or services exchanged.

Latin for "as much as is deserved."

This is a legal principle under which a person should not be obliged to pay, nor should another be allowed to receive, more than the value of the goods or services exchanged.

Although the existence of a quantum meriut remedy does not depend on a contract, it is also a remedy in contract law where a contract has been breached but after one side received partial or full benefit, and the contract does not include a clause providing for this eventuality (such as a liquidated damages clause).

In Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221, the High Court of Australia stated that an action could be brought on a quantum meruit to recover reasonable remuneration for work done under an unenforceable contract.

Latest LagMag headlines:

Pro Bono Hypocrisy

Envelope please! (Drum roll.) The award for pro bono works goes to ... John Doe, Esquire and Q.C. ..... because he has the highest rates to his paying clients and he can afford to charade as a poverty avenger!

End of the World Law

As we all march to our lemming-like demise upon the cliff of environmental disaster, a path of law back to safety may yet be found.

Polygamy Now Safely Brewed In British Columbia?

The Provincial government's top law enforcement officer toys with not prosecuting polygamists and bigamists, anticipating a Charter ass-kicking in Court. If so, law is orphaned and we all suffer.


Read earlier headlines »
Subscribe to stay in touch »


Switch to variable width

Switch to fixed width

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top