------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 18 Apr 2008 01:22:23 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Quatum Meruit: Alpine's finest sued again...
-------------- Forwarded Message: --------------
From: xxxxx
To: <char.ayers@att.net>
Subject: RE: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 23:17:17 +0000
Great work Charlene!
Please keep us posted.
I'm certainly rusted up in Latin so I looked up the quantum meruit
phrase.
It seems to bail down to...you screwed someone and now have to pay.
Small wonder with these jerks. Wonder how many more will flare up?
xxxxx
quantum meruit
OResults=1;kw='In quantum meruit' ad_channel="6223334685"; AdsNum=3; OriginalURL="http://legal-dictionary.thefreedictionary.com/quantum+meruit"; google_page_url=OriginalURL; google_max_num_ads = '20'; google_num_radlinks = '10'; google_max_radlink_len = '17'; window.onerror=myerror; google_kw ="In quantum meruit";google_afs_query = google_kw; google_afs_ad = 'w6'; google_afs_client = "pub-2694630391511205"; google_afs_channel = '1506981298'; google_afs_adsafe = 'high'; google_afs_ie = "iso-8859-1"; google_afs_oe = "iso-8859-1"; kw = google_kw; g_kw=1; google_encoding="iso-8859-1"; google_ad_channel=ad_channel; write_ads(AdsNum, 0)
wld_ask()
[Latin, As much as is deserved.] In the law of contracts, a doctrine by which the law infers a promise to pay a reasonable amount for labor and materials furnished, even in the absence of a specific legally enforceable agreement between the parties.
A party who performs a valuable service for another party usually enters into a written contract or agreement before performing the service, particularly when the party is in the business of performing that service. For instance, most professional roofers hired to repair a roof insist on having a formal agreement with the owner of the house before beginning the repairs. In the absence of an agreement or formal contract, the roofer may be unable to recover losses in court if the transaction goes awry. Quantum meruit is a judicial doctrine that allows a party to recover losses in the absence of an agreement or binding contract.
By allowing the recovery of the value of labor and materials, quantum meruit prevents the Unjust Enrichment of the other party. A person would be unjustly enriched if she received a benefit and did not pay for it when fairness required that payment be made. 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.
Quantum meruit also describes a method used to determine the exact amount owed to a person. A court may measure this amount either by determining how much the defendant has benefited from the transaction or by determining how much the plaintiff has expended in materials and services.
The doctrine of quantum meruit was developed in the seventeenth century by the royal Court of Chancery in England. This court worked apart from the common-law courts to grant r elief that was due under general principles of fairness but could not be obtained under the strict legal precedents of the common-law courts. The system of basing decisions on basic principles of fairness became known as Equity <http://legal-dictionary.thefreedictionary.com/Equity> . The Chancery Court developed quantum meruit along with other equitable doctrines that allowed a person to recover or collect for other valuable acts performed without a contract, such as the delivery of goods or money. Some of the first cases of quantum meruit involved recovery by persons in so-called trades of common calling, such as innkeepers, tailors, blacksmiths, and tanners.
As service industries increased, so did claims for recovery under quantum meruit, and the doctrine was adopted by colonial courts. U.S. courts now apply quantum meruit principles in a wide variety of cases, including cases involving attorneys' fees, physicians' fees, con struction work, government contracts, and even domestic relations suits for "palimony." Palimony is a form of financial support that is similar to Alimony <http://legal-dictionary.thefreedictionary.com/Alimony> but arises out of a nonmarital relationship.
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 defendant was aware that the plaintiff, in performing the services, expected to be paid by the defendant.
The case of Montes v. Naismith and Trevino Construction Co., 459 S.W.2d 691 (Tex. Civ. App. 1970), illustrates how quantum meruit works. In August 1968 Abraham Montes began oral negotiations with Abdon Perez regarding improvements Montes sought for h is homestead. Perez testified that Montes brought a contract to him more than once, but that the contract was never complete, and no contract was ever signed. Despite the lack of a contract, Perez arranged for the Naismith and Trevino Construction Company to do the work on Montes's house. Montes paid $1,800 to Perez, and Perez withdrew from the transaction.
Naismith and Trevino made improvements on Montes's homestead for a total value of $3,835.36, but Montes refused to pay for the improvements. Naismith and Trevino brought suit against Montes, arguing that even though they did not have a contract with Montes, they should be paid for their labor and the materials they used in making improvements to his house. The court agreed and entered judgment for Naismith and Trevino in the amount of $1,760, the amount of the services and materials provided by Naismith and Trevino less the amount Montes had paid to Perez. The court based its ruling on the theory of quantum meruit.
The doc trine of quantum meruit is contained in court decisions and, to a lesser extent, in statutes. It can be a confusing doctrine: many courts mix quantum meruit with the similar principles of restitution and unjust enrichment. Restitution is a broad term that describes measures taken by a civil or criminal defendant to restore a victim to the status that he enjoyed before the defendant caused a loss or injury. Unjust enrichment is an equitable approach to civil relationships that covers more than just contractual situations. A civil plaintiff may recover under the doctrine of unjust enrichment by showing (1) that the plaintiff conferred a benefit on the defendant; (2) that the defendant appreciated or knew of the benefit; and (3) that, under the circumstances, it was unfair for the defendant to accept or retain the benefit without paying for it. Most courts consider quantum meruit a particular form of legal restitution that follows the basic restitutionary principle of preventing unjus t enrichment.
From: char.ayers@att.net
To: char.ayers@att.net
Subject: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 19:45:15 +0000
-------------- Forwarded Message: --------------
From: xxxxxx
To: "Charlene Ayers" <char.ayers@att.net>
Subject: new lawsuit
Date: Thu, 17 Apr 2008 17:41:54 +0000
Lecg, LLC. v. REI-NC, LLC.; Gonya Enterprises, Inc.; Paul Gonya; Kenneth Stroud; David Waitley
4/15/2008 37-2008-00082011 Complaint for breach of contract; promissory fraud; account stated; quantum meruit; declaratory relief. Defendants REI breached the agreement by failing to pay for services rendered by Mack Barclay and Lecg. Defendants have failed to pay the outstanding balance of over $172,000.00
------ End of Forwarded Message
No comments:
Post a Comment