Read the full set here, or use the practice card above to test yourself one question at a time.
"Quantum meruit" literally means:
Explanation. Quantum meruit means "as much as he has earned" — a claim for the reasonable value of work or goods actually provided.
A quantum meruit claim can arise when an agreement is discovered to be void, under:
Explanation. Section 65 requires restoration of, or compensation for, any advantage received under an agreement later discovered to be void.
In Craven-Ellis v. Canons Ltd., the court awarded quantum meruit even though:
Explanation. The persons who made the agreement had no authority to bind the company, so the agreement was void. The Court of Appeal still allowed the managing director a reasonable sum for the services he had rendered.
Quantum meruit is available to an innocent party when the other party's breach prevents completion of the contract because:
Explanation. Instead of only suing for damages, the innocent party may elect to claim quantum meruit for work already performed up to the point of breach.
Where a party has delivered part of what the contract required, quantum meruit is available for that part when:
Explanation. A party who voluntarily keeps the part delivered must pay for it (Section 65, illustration (b), and Section 70). A party who abandons an entire contract halfway cannot claim for the part done (Sumpter v. Hedges).
In Alopi Parshad & Sons Ltd. v. Union of India, the Supreme Court held that quantum meruit:
Explanation. The Court held that as long as a valid contract subsists, the parties must abide by its terms — quantum meruit cannot substitute a "fairer" rate.
Quantum meruit differs from damages for breach because:
Explanation. The two are alternative remedies with different measures — quantum meruit values what was actually given; damages compensate for loss, including lost profit.
A designer completes three of five contracted rooms, and the client uses those rooms before terminating the engagement with no fixed price ever agreed. The designer can claim:
Explanation. No price was fixed and the client accepted and used the three rooms, so the designer can claim a reasonable fee for them. She cannot claim for the two rooms not done.