Are you looking for the definition of quantum meruit? You may be a law student going through a 1L tort class. Or perhaps you are involved in a lawsuit? Legal terms are often not very user-friendly, so we have created this litigation series to learn more about torts and the types of lawsuits you can start.

Quantum meruit is a legal principle used to determine the amount paid for services rendered when no prior agreement exists regarding compensation. It translates to “as much as he has earned” in Latin and ensures that a party receives fair payment for their effort.

For example, if a contractor repairs your roof without a formal contract and you accept the work, you might owe them payment under quantum meruit for the reasonable value of their services. A judge might say the value of their work is $3000.

The plaintiff will have to prove certain things in court.

Below is the criteria to be met in court

• A benefit to the defendant.
• A request by the defendant or an understanding that the plaintiff expected to be paid.
• The value of the benefit conferred on the defendant.

A quantum meruit claim could also happen when work is done beyond a contract. Let’s say that someone hires a web design company to build a website. But then they also ask the company to do cybersecurity work. The company puts in $10K of work.

Even though the contract was only for web design, if work was done and the contract had been changed (with the extra work), a judge might award the web design company $10K in damages. People often contact us, asking what a judge is going to do. We have no idea based on a web submission form. You must book a consultation with a litigation lawyer and get legal advice.

Quantum Meruit Explained

What is the quantum meruit definition? It’s when someone asks the court for money in an amount that “seems fair.” Perhaps there was no contract, but someone did some work, and they should be entitled to something.

Sometimes, it is claimed as a plan B for a breach-of-contract claim. If the breach-of-contract claim fails, the plaintiff could still be successful on the quantum meruit claim. Let’s use an example. Let’s say a painter in Surrey, BC, does a bunch of work for a friend. They paint the person’s house for over a month. For some reason, the two people are no longer friends at the end of the month.

The person who painted the house didn’t have a contract with the homeowner, but he wanted to get paid for his work. He submitted a claim for $7,000 to the Surrey Provincial Court. Quantum Meruit claims are part of contract law, and they usually deal with issues when the service price wasn’t agreed upon before the work began.

Personal injury lawyers do a lot of work for a client on contingency, and then the client leaves the law firm before a settlement can be reached with the insurance company. The law is complicated, and many people assume that oral agreements, or situations without contract, mean that a judge will never rule against them. This is not true. It’s all about evidence, civil procedure, and how you present to the judge.

No contract was signed

Unjust enrichment and quantum meruit are also claimed. Many law firms plead several torts to see which holds.

Below are situations where the quantum meruit might be successful:

• No contract was agreed upon for pay
• The agreement is void
• A contract is abandoned.
• The contract has been significantly changed.

Quantum meruit claims most often happen in small claims. It’s not common for someone to do over $35,000 of work without a contract.