Complex Commercial Litigation
Business Torts
The claim requires a benefit conferred, the recipient's knowledge and retention of it, and circumstances making retention inequitable. It is unavailable where an express contract governs the same subject matter.
Quantum meruit measures recovery by the reasonable value of services.
Alternative Names:
Restitution Claim, Quasi-Contract Claim
Why it Matters?
The existence of an enforceable contract covering the subject matter bars the claim, which makes it principally an alternative theory pleaded where contract formation or enforceability is uncertain. Where the contract is void, unenforceable, or does not address the disputed benefit, the claim fills the gap. Pleading both is standard, though a plaintiff cannot recover under both for the same benefit.
Frequently Confused with
Related terms
Frequently asked questions
When is the claim unavailable?
Why plead it alongside a contract claim?
