Are you looking for the Quantum Meruit definition? Maybe you are a law student that is going through 1L tort’s class? Or maybe you are involved in a lawsuit in British Columbia?
Legal terms are often not very user-friendly, so we have created this litigation series so that you can learn more about torts and the types of lawsuits you can start.
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What is fair?
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 a bunch of work, and they should be entitled to something.
Sometimes it is claimed as a plan B for a breach of contract claim. If the claim for breach of contract fails, then the plaintiff could still possibly 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 wants to get paid for his work. He submits a claim for $7000 to the Surrey provincial court.
The plaintiff will have to prove certain things in court.
Below are the criteria to be met:
- 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 in BC could also happen when work is done beyond a certain contract.
Quantum meruit example
Let’s say that someone hires a web design company to build a website. But then they ask the company to also 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 need to book a consultation with a BC litigation lawyer and get legal advice.
Quantum meruit claims is part of contract law, and it normally deals with issues when the price of the service wasn’t agreed upon before the work began.
Sometimes personal injury lawyers also submit the claims. They do a bunch 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 where there is no contract, means 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.
Quantum meruit claim in BC
Sometimes unjust enrichment will also be claimed next to quantum meruit. Many law firms will plead a number of torts, to see which sticks.
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 greatly 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.
Fill out the form on the side of this page to speak to a lawyer. They can help you with Quantum Meruit in BC.
Author: Alistair Vigier is the CEO of ClearWay Law
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