The term Quantum Meruit means ‘as much as earned’. It implies ‘a payment deserved by a person for the reason of actual work done’. The use of this term is made majorly in reference to the Contract Act, 1872. This is one of the remedies for the breach of a contract. It means that the other party who has received the services is unjustly benefited and must return it to the party who provided such benefit[1].

When a party has done some work under a contract, and the other party repudiates the contract or somehow the full performance of the contract becomes impossible, then the party who has done the work can claim remuneration for the work under the suit for quantum meruit.

In the case of Cutter v. Powell[2], the defendant agreed to pay Cutter 30 guineas for acting as second mate aboard a vessel plying between Jamaica and Liverpool. Cutter died when the vessel was nineteen days short of Liverpool.

The contractual note read as follows.

“Ten days after the ship Governor Parry, myself master, arrives at Liverpool, I promise to pay to Mr. T. Cutter the sum of thirty guineas, provided he proceeds, continues and does his duty as second mate in the said ship from hence to the port of Liverpool. Kingston, July 31st, 1793”

His widow could recover nothing in respect of the work he had performed during the previous 49 days of the voyage.

Also, in the case of Sumpter v. Hedges[3], where the contract was with regards to the construction of two houses, the Court had held that a person can only recover a part of his work when the contract is not a lump sum and the owner freely accepts the work. Hence, quantum meruit was not granted and the plaintiff had to accept the work because he had no choice.

Where a person agrees to do something for a lump sum, he can normally only sue for payment if the work is substantially performed; the courts will not imply a contract in favour of a plaintiff who has made an express agreement and failed to perform it (rule).
No one should be entitled to claim payment unless he has done what he has bargained to do.