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General Form of Complaint for Quantum Meruit - For Services Rendered

Dallas Texas General Form of Complaint for Quantum Meruit - For Services Rendered

Name: Dallas Texas General Form of Complaint for Quantum Meruit - For Services Rendered
Brand: US Legal Forms
Rating: 4.67 (391 reviews)

Category:

Liens - Construction

State:

Multi-State

County:

Dallas

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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Quantum meruit is a claim under quasi-contract. The remedy to a party in a breach of contract is the suit upon quantum meruit. The suit upon quantum meruit arises where a part of a contract is performed by one party and then there is a breach of contract or it is discovered that the contract is void or becomes void.

Quantum meruit can be used to address situations where no contract exists or where a contract exists but for some reason is unenforceable. In such cases courts imply a contract to avoid an unjust result. Such contracts are called quasi contracts.

Implied-in-law and Implied-in-fact contract: Quasi contract is a contract implied in law whereas quantum meruit is a contract implied in fact. A legal fiction and an actual contract: Quasi contract is not a contract at all but merely a legal fiction, whereas quantum meruit is an actual contract.

Since quantum meruit is a payment, it can apply as a civil lawsuit remedy. This occurs when a transaction for services and goods occurred without a written contract that states the total amount due. If someone sues for payment, the courts will calculate the cost based on the time and typical pay rate.

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

An action in quantum meruit is available to recover money for services or goods supplied to a defendant in circumstances where the claimant is not recompensed by performing his obligations or supplying the goods.

In a claim of quantum meruit, the plaintiff does not seek a precise sum of money, nor a sum representing the general damages incurred by the plaintiff as a consequence of some unjust act on the part of the defendant, but a sum which will provide the plaintiff, the value of what the plaintiff has done for the defendant,

A claim for quantum meruit may arise if: there is no specified sum to be paid under a contract; there is an express agreement to pay a reasonable sum; work is completed outside the scope of the contract, at the request of the principal/homeowner; and/or, the contract is found to be void or unenforceable.

You may make a claim for quantum meruit in many situations which include: When the contract doesn't specify remuneration even though a service has been requested. Where work is completed outside the contract. Work has been completed but the contract has been rescinded, unenforceable or void.

The remedy to a party in a breach of contract is the suit upon quantum meruit. The suit upon quantum meruit arises where a part of a contract is performed by one party and then there is a breach of contract or it is discovered that the contract is void or becomes void.

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2d 1329 (Fla. 1991). Recovery Permitted for Quantum Meruit Claims.Quantum meruit is a legal action based on equitable compensation. And amending the complaint. To be performed in the United States for wages or other remuneration. This publication is in the nature of general commentary only. Complete sets of the Drawings and Specifications as provided in the Supplementary. Witll in the context of the P and changes which are deemed clesirable to upgrade Australian maritime law. Chapter Nine discusses.

Dallas Texas General Form of Complaint for Quantum Meruit - For Services Rendered

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Under what circumstances a claim on quantum meruit arises?

What is a quantum meruit and when will the court apply this principle?

Is quantum meruit the same as quasi contract?

Can you sue for quantum meruit?

How do you prove quantum meruit?

Under what circumstances will the quantum meruit rule operate?

What are the requisites to claim based on quantum meruit?

How do I prove a quantum meruit claim?

When can you claim quantum meruit?

What is meant by Sue on quantum meruit?

Interesting Questions

What is quantum meruit?

What is a general form of complaint?

What is the purpose of filing a complaint?

What does 'services rendered' mean?

Can I use a general form of complaint to claim compensation for services rendered?

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