A Complaint is the first pleading filed in a lawsuit. It states the allegations of the Plaintiff against the Defendant. This particular Complaint is to be used in situations where a certain amount of money is owed the Plaintiff.
Hawaii Complaint regarding Assumpsit - Money Owed
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Quantum meruit is a Latin phrase and is related to the Indian Contract Act, 1872. It means what one has earned or as much as he has earned. In simpler terms, it refers to the actual value of the services rendered or performed.The Black Law Dictionary states that quantum meruit means as much as one deserves.
Courts have crafted four basic elements that the plaintiff must prove before she may recover under the doctrine of quantum meruit: (1) that valuable services were rendered; (2) that the services were rendered to the defendant; (3) that the services were accepted, used, and enjoyed by the defendant; and (4) that the
Damages in unjust enrichment are measured by the value of what was inequitably retained.In quantum meruit, by contrast, the damages are not measured by the benefit realized and retained by the defendant, but rather are based on the value of the services provided by the plaintiff. Id.
Something bargained for and received by a promisor from a promisee. Common types of consideration include real or personal property, a return promise, some act, or a forbearance. Consideration or a valid substitute is required to have a contract.
Latin for "as much as he has deserved." An equitable remedy that provides restitution for unjust enrichment. Damages awarded in an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship. See Quasi contract (or quasi-contract).
A contractual promise that is held to exist despite a lack of express terms or agreement stating the promise. The failure to comply with an implied promise may constitute breach of contract.
When a party to a contract does something that they do not have to do or does not do something they have the right to do, no matter how small, that act can constitute consideration and bind the other party.This is the gist of the major exception to the past consideration rule, the doctrine of implied assumpsit.
Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law.As such, when Party A gives Party B a gift, Party A has no legal recourse to receive something in return.
Definition. Latin for "as much as he has deserved." An equitable remedy that provides restitution for unjust enrichment. Damages awarded in an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship.