MBE Rules · Remedies
Quantum Meruit
Quantum meruit (Cal.)
The rule
One who confers services at another's request or with expectation of payment recovers their reasonable value when no enforceable contract governs — including after contract failure or discharge by breach.
In plain English
Quantum meruit allows a person to recover the reasonable value of services they provided when there is no enforceable contract in place. This applies when services were rendered at someone else's request or with the expectation of being paid, even if a contract later fails or is breached.
Worked example
Alice painted Bob's house after he verbally agreed to pay her $1,000. However, Bob later decided not to pay because he felt the job was incomplete. Alice can recover the reasonable value of her services through quantum meruit, which may be determined to be $800 based on the work completed.
Memory hook
Get paid for your work, even without a contract — that's quantum meruit!
The trap
Exams may present scenarios where students mistakenly believe a contract must exist for recovery, overlooking the quantum meruit principle. Watch for fact patterns that imply services were rendered without a formal agreement.
How examiners test it
Questions often involve a service being performed without a contract, leading to a dispute over payment, testing the application of quantum meruit principles.
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