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General Form of Complaint for Quantum Meruit - For Services Rendered

North Carolina General Form of Complaint for Quantum Meruit - For Services Rendered

Q: What is quantum meruit essentials?

Quantum meruit is a Latin word that refers to &quot;what one has earned.&quot; It is a legal doctrine that allows a court to award reasonable compensation to a person who has completed a contractual obligation, even if the contract did not explicitly provide for that compensation.

Category:

Liens - Construction

State:

Multi-State

Control #:

US-03280BG

Format:

Instant download

Description

The phrase quantum meruit means as much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his Complaint that the defendant promised to pay him as much as he reasonably deserved, and then state that that defendant has failed to pay such amount.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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How to fill out General Form Of Complaint For Quantum Meruit - For Services Rendered?

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FAQ

Quantum meruit is a Latin word that refers to "what one has earned." It is a legal doctrine that allows a court to award reasonable compensation to a person who has completed a contractual obligation, even if the contract did not explicitly provide for that compensation.

In order to have a successful quantum meruit claim, the plaintiff must prove that the defendant agreed to the services provided by the plaintiff and expected to pay the plaintiff. The plaintiff also must prove that the defendant was unjustly enriched, which means that the party received goods or services at no cost.

The elements of a quantum meruit claim are: (1) valuable services or materials provided by plaintiff to the defendant, (2) who accepted the services or materials, (3) under such circumstances as would reasonably notify defendant that the plaintiff expect to be paid.

To recover on a theory of quantum meruit, a plaintiff must show: (1) services were rendered to the defendant; (2) the services were knowingly and voluntarily accepted; and (3) the services were not given gratuitously. Scott v. United Carolina Bank, 130 N.C. App.

Quantum meruit has four elements: (1) the provision of valuable services or materials; (2) the services or materials were provided to the defendant; (3) the defendant accepted the goods or services; and (4) the defendant had reasonable notice that the plaintiff would perform the services or furnish the materials and ...

A quantum meruit claim is the recovery of the fair value or sum due for services provided without a price agreement. In contrast, an unjust enrichment claim focuses on the recipient's unfair benefits. An unjust enrichment claim seeks to resolve agreements in which one party profits at the expense of another.

Under general contract of law principals, courts may award quantum meruit damages?a reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract.

Quantum meruit damages are awarded in an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship. This amount may also be described as the reasonable value of services rendered by one party to another.