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Suit Up On Quantum Meruit

Quantum Meruit means “as much as is earned” or “according to the quantity of work done”. When there is breach of contract, if certain work has already been done, the party who has done the work can claim consideration for the work done under the contract. The claim of quantum meruit should be brought by a party who is not at default. However, in certain cases, the party in default may also sue for the work done if the contract is divisible. The suit for quantum may arise in the following cases:

1. Where the work has been done and accepted under a contract which is subsequently discovered to be void.

2. Where a person does some act or delivers something to another person with the intention of receiving payments for the same, in such a case, the other person is bound to make payment if he accepts such service or goods or enjoys their benefits.

3. Where a contract is divisible and a party performs part of the contract and refuses to perform the remaining part, in such a case, the party at default may sue the other party who has enjoyed the benefits of the part performance.

Suit for Injunction

where a party to a contract does something which he has promised not to do, the court may issue on a suit for injuction, an order prohibiting the defaulting party to do such an act.


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