Quantum meruit


1. A claim upon a 'quantum meruit' is a claim in respect of unremunerated services. If one party breaks a contract that involves services, the other party may, instead of claiming damages, sue upon a quantum meruit to recover the amount earned by his labours: Planché v. Colburn 1831

2. Such a claim will not favour the one who has broken the contract:
If a person agrees to do something for a lump sum, he can normally only sue for payment if the work is substantially completed. He cannot do half the work, then renounce the contract and claim a quantum merit. The courts will not imply a contract in favour of one who has made an express agreement and failed to perform it:
Cutter v. Powell 1795
This seems rather harsh; so in
Hoenig v. Isaacs 1952 a quantum meruit was granted on behalf of a party who had failed to perform, subject to deduction of costs accrued to the other party. Furthermore, the Law Reform (Frustrated Contracts) Act 1943 has replaced the rule in Cutter v. Powell 1795.

3. Quantum meruit may also be used in order to recover a reasonable remuneration for the performance of a contract when no specific remuneration has been agreed upon. This ('quantum valebat') also applies when no price for goods is deter- minded (SGA 1979).