| 释义 |
‖ quantum meruit Law.|ˈkwɒntəm ˈmɛruːɪt|
[L., ‘as much as he has deserved’.]
A reasonable sum of money to be paid for services rendered or work done, when the amount due is not determined by any provision constituting, or forming part of, a legally enforceable contract (see also quot. 1959). Also attrib. and as quasi-adv.
1657H. Grimston tr. G. Croke's Rep. (Charles I) 77 It is the usuall way to lay down in certainty, viz. That he should pay for it tantum quantum meruit, &c., and then to averre what it is reasonably worth, which being the common course and alwaies allowed, Judgment was therefore affirmed. 1659in E. Bulstrode Rep. III. 86 How shall a Taylor be paid upon a quantum meruit? 1685J. Keble Rep. I. 422 In action by executors on indebitatus for wares sold to pay quantum meruit, not shewing what the particulars were. 1718W. Salkeld Rep. II. 557 Quantum meruit for meat, drink, &c. 1729G. Jacob New Law-Dict. sig. H h h h 2, Quantum meruit, i.e. how much he has deserved, is a Man's Action of the Case,..grounded upon the Promise of another, to pay him for doing any Thing so much as he should deserve or merit. If a man retains any person to do work or other thing for him..without any certain agreement; in such case the law implies that he shall pay for the same, as much as they are worth, and shall be reasonably demanded; for which Quantum meruit may be brought. 1832in P. Bingham Rep. VIII. 16, I agree that, when a special contract is in existence and open, the plaintiff cannot sue on a quantum meruit. 1904Law Rep. King's Bench Div. II. 329 Remuneration upon the basis of a quantum meruit in respect of work and labour done for the company at its request. 1919Brit. Manufacturer Nov. 36/2 The owners could, therefore, sue under the old contract (the charter party) for 23s., the agreed freight, on each of the 1208 tons of steel billets; and, in addition, could sue on the new implied contract for a Quantum Meruit in respect of the 987 tons of general cargo. So the only question is the rate per ton at which their Quantum Meruit should be calculated. 1959Jowitt Dict. Eng. Law II. 1452/2 Where the failure to complete performance of the contract is due to the fault of the other party, the party not in default has the right to sue on a quantum meruit for the services which he has done under it. In its early history the action for quantum meruit was, no doubt, a genuine action in contract... In many cases the action is now founded on what is known as ‘quasi⁓contract’. 1962A. Turner Law of Trade Secrets iv. iv. 346 Other expressions, like ‘unjust enrichment’, some⁓times used by the courts are recovery in quantum meruit and recovery under ‘quasi contracts’, ‘constructive contracts’, or, contracts ‘implied-in-law’. 1964Mod. Law Rev. XXVIII. 353 The carrier deserves remuneration under the quantum meruit rule. 1973N.Y. Law Jrnl. 1 Aug. 13/3 However, since the former attorneys have the right to elect whether they will accept their compensation on the basis of a presently fixed dollar amount quantum meruit or whether, still on the basis of quantum meruit, they will accept a contingent percentage instead [etc.]. 1975S. J. Stoljar Hist. Contract at Common Law ix. 109 If, as often happened, the work was undertaken at no specified price, the plaintiff could turn to another count in assumpsit becoming known as the quantum meruit, a claim not for a fixed but for a reasonable amount: what the work merited or was worth. |