The Elements of an Action for Quantum Meruit (Unjust Enrichment)

question 153

Essay

The elements of an action for quantum meruit (unjust enrichment) include:
a. defendant requested plaintiff's performance
b. plaintiff performed the services requested
c. services performed by plaintiff had a fair and reasonable value
d. the defendant failed to pay for the goods or services rendered
The remedies available are damages equal to the value of the goods and services and other remedies.
Draft the complaint language for the cause of action paragraph, the remedy paragraph, and the wherefore clause for the facts given, then state whether the syllogism is complete and, if not, what is lacking.
Merit Landscaping has agreed to care for Harry Berry's yard during a three-month absence for the sum of $300. Berry returns to find the yard mowed, but hears from neighbors that it was overgrown most of the summer, and refuses to pay. Merit sues for quantum meruit.

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Definitions:

Mitochondria

Membrane-bound organelles found in the cytoplasm of eukaryotic cells, involved in cellular respiration and energy production.

DNA

Deoxyribonucleic acid, a molecule that contains the instructions an organism needs to develop, live, and reproduce.

Adipose Tissue

Connective tissue in which fat is stored.

Sebaceous Glands

Glands in the skin that secrete sebum, an oily substance that lubricates the skin and hair.