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:

First Purchase

The initial acquisition of a good or service by a customer.

Percentage of Sales Budgeting

A method of budgeting where marketing and/or advertising expenses are based on a predetermined percentage of past or forecasted sales.

Competitor's Absolute Level

A measurement or assessment of a competitor's total performance or standing in the market without relative comparison.

Market Share

The fraction of a market occupied by a particular company or product.