| The rule of law can be exacting and often harsh. The | | | | It takes me a month to build the cabinets. I then |
| legal theory of quantum merit is designed to make | | | | transport them to his home and install them. I am great |
| sure unjust situations do not occur in the area of | | | | at building cabinets, but not so hot at bookkeeping. I |
| contract law. | | | | don't collect the money, but send an invoice in the mail |
| What is "quantum merit"? It is a phrase meaning | | | | the next day. Two weeks later, I call about the balance |
| essentially "as much as he deserves" and is also | | | | of $30,000. He refuses to pay, saying the $10,000 was |
| known as "unjust enrichment". It is the legal theory of | | | | the total cost. We argue, but it is clear he isn't going to |
| last resort for a situation where parties have promised | | | | pay. I have no contract and failed to have him sign the |
| something without putting it in writing and now feel | | | | original estimate. |
| aggrieved. This makes it a matter of equity in most | | | | This is a perfect scenario for claiming quantum merit. I |
| courts. | | | | have no contract, but clearly this customer has been |
| The exact application of the quantum merit theory is | | | | unjustly enriched. I can show he received $40,000 in |
| dependent upon which state you live in. There is no | | | | cabinets by getting estimates from other cabinet |
| legal standard per se that is used in all states. Instead, | | | | makers and providing copies of my supply costs. I can |
| the law in each state is usually slightly different. That | | | | show I was only paid $10,000 and I can show I should |
| being said, one usually has to show that the defendant | | | | be compensated. I will win this case, but may not get |
| received some benefit, that the benefit was to the | | | | the full $30,000 do to me. I will also have to pay an |
| detriment of the suing party and justice requires the | | | | attorney, which is going to knock down the amount I |
| suing party be compensated. Make sure to check with | | | | ultimately end up with. Still, I will have recovered |
| an attorney in your state to find out the specifics. Let's | | | | something at least. |
| look at an example. | | | | Quantum merit is a legal theory you really don't want |
| I make kitchen cabinets. In fact, I am good at it. I am a | | | | to every use because you should be using written |
| one man business and run everything out of my | | | | contracts for all business transactions. That being said, |
| workshop. I pick up most of my clients through | | | | it is a theory you can use to get something out of a |
| referrals. One such referral orders a set of a really | | | | deal you've really messed up by not covering your |
| expensive cabinets for his McMansion. I quote him a | | | | bases. |
| price of $40,000. He pays $10,000 down. | | | | |