Quantum Meruit

Authors

  • G. H. L. Fridman

DOI:

https://doi.org/10.29173/alr1472

Abstract

This article analyzes the theoretical and practical differences between contractual and restitutionary quantum meruit Instances of quasi-contractual meruit are also considered. The author explores the evolution and historical foundations for these various claims. While claims for restitutionary quantum meruit are well established today, the scope and range of relief as -well as the theoretical basis upon which these claims are invoked, remain undecided. Factors for a successful claim of restitutionary quantum meruit include the intention to be compensated or reimbursed, having not acted gratuitously, and the existence of a special relationship. While recovery was thought to be dependent on whether the defendant receives a benefit, the author explains that this is not always crucial. An examination of Justice judgment in the Peel case concludes the author's article.

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Published

1999-04-01

Issue

Vol 37, No 1: Special Issue: Symposium on Restitution

Section

Articles

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