The document defines and provides examples of the legal principle of quantum meruit. Quantum meruit means "as much as deserved" and allows for compensation under certain circumstances when a contract cannot be or has not been fully performed. There are three main circumstances: 1) in cases of breach of contract, the aggrieved party can claim payment for work already done; 2) when a contract is found to be unenforceable, payment can still be claimed for work already performed; 3) there is an implied agreement to pay for services or goods supplied if the benefit has been received. However, there are three limitations - no payment can be claimed if the contract was for a lump sum on completion, if the claimant was in breach of

1. QUANTUM MERUIT
By : Arshad Ayub Khan

2. DEFINITION
 Literally Speaking, the word ‘Quantum Meruit’ means ‘as
much as merited’ or ‘as much as earned’ This principle of
law provides for payment of compensation under certain
circumstances to a person who has rendered goods or
services to another person under a contract which could
not or has been fully performed. These circumstances can
be put as follows :
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3. Cases example :
1. In the case of breach of contract, the aggrieved party can
claim reasonable compensation for what he has done
under the Contract.
Example : In a case where the contractor was prevented by
the contractee from completing the work after he had
done a part of it, the contactor was held entitled to get
reasonable compensation for the work done in addition to
the damages for breach of contract as might be allowed
by the court.
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4. Cases example :
2. When a contract is discovered to be unenforceable for some
technical defect, any person who has done something under the
contract , is entitled to a reasonable compensation is spite of
the fact the agreement is void.
Example : A person renders some service to a company under a
contract of employment which is duly approved by the Board
of Directors of that company. Subsequently the constitution of
the Board of Directors is found to be illegal and , therefore, the
contract of employment becomes void. The employee who has
rendered some service to the company shall be entitled to claim
remuneration for his service
under the doctrine of
Quantum Meruit.
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5. Cases example :
3. There is an implied agreement to pay for the services rendered
or goods supplied to a persons, who had no intentions to do so
gratuitously if the benefit of the sum has already been enjoyed
by the other party.
Example : X forget certain goods at Y’s house. He had no intention
to leave them with him gratuitously . Y uses those goods for his
personal benefit. X can compel Y to pay for those goods.
Doctrine of quantum Meruit is however subject to the following
three limitations. :
(a) In a contract which is not divisible into parts and a lump sum of
money is promised to be paid for the complete work, part
performance will not entitle the party to claim any payment. 5

6. Cases example :
Example : A mate was engaged on the term that he would be paid
in a lump for a complete voyage. He died before the voyage
was complete. It was held that his representatives could not
recover the lump sum neither could they sue for payment for
the services rendered by the deceased.
(b) A person, who himself is guilty of breach of contract, cannot be
allowed to claim any payment under the doctrine of
Quantum meruit.
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7. Cases example :
Example :
H agreed to decorate G’s flat and fit wardrobe and
book-case for a lump sum of ₤ 570. The work was done but
G complained of faulty workmanship. It was estimated that it
could be rectified be spending ₤ 264 more. Held, the H could
recover ₤ 306 from G.
(c) Any claim based upon the doctrine of Quantum Meruit cannot
be entertained unless there is an evidence of an express or
implied promise to pay for he work which has already been
done.
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