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	<title>Comments on: Services and overpayments</title>
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	<link>http://www.cearta.ie/2009/03/services-and-overpayments/</link>
	<description>the Irish for rights</description>
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		<title>By: Eoin</title>
		<link>http://www.cearta.ie/2009/03/services-and-overpayments/comment-page-1/#comment-12752</link>
		<dc:creator>Eoin</dc:creator>
		<pubDate>Sat, 24 Apr 2010 15:19:05 +0000</pubDate>
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		<description>Hi Justine,

Thanks for dropping by. &lt;i&gt;Quantum meruit&lt;/i&gt; is one of the historical common counts of &lt;i&gt;indebitatus assumpsit&lt;/i&gt;. The others are money had and received, money paid to the defendant for the use of the plaintiff, and &lt;i&gt;quantum valebant&lt;/i&gt;. They were money claims at common law, not equity. Formerly described as arising &lt;i&gt;quasi ex contractu&lt;/i&gt;, or in quasi-contract, they are now understood as claims to restitution of unjust enrichment. In particular, the  &lt;i&gt;quantum meruit&lt;/i&gt; was a claim for the reasonable value of work done. If there is no contract for that work (either because none was agreed, or was uncertain, or was void), then, as Goff J put it in &lt;i&gt;BSC v Cleveland Bridge Co&lt;/i&gt; [1984] 1 All ER 504 &quot;the law simply imposes an obligation on the party who made the request to pay a reasonable sum for such work as has been done pursuant to that request, such an obligation sounding in quasi-contract or, as we now say, in restitution”.</description>
		<content:encoded><![CDATA[<p>Hi Justine,</p>
<p>Thanks for dropping by. <i>Quantum meruit</i> is one of the historical common counts of <i>indebitatus assumpsit</i>. The others are money had and received, money paid to the defendant for the use of the plaintiff, and <i>quantum valebant</i>. They were money claims at common law, not equity. Formerly described as arising <i>quasi ex contractu</i>, or in quasi-contract, they are now understood as claims to restitution of unjust enrichment. In particular, the  <i>quantum meruit</i> was a claim for the reasonable value of work done. If there is no contract for that work (either because none was agreed, or was uncertain, or was void), then, as Goff J put it in <i>BSC v Cleveland Bridge Co</i> [1984] 1 All ER 504 &#8220;the law simply imposes an obligation on the party who made the request to pay a reasonable sum for such work as has been done pursuant to that request, such an obligation sounding in quasi-contract or, as we now say, in restitution”.</p>
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		<title>By: Justine</title>
		<link>http://www.cearta.ie/2009/03/services-and-overpayments/comment-page-1/#comment-12725</link>
		<dc:creator>Justine</dc:creator>
		<pubDate>Fri, 23 Apr 2010 19:01:15 +0000</pubDate>
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		<description>Very interesting. I wonder if quantum meruit must be classed as an equitable remedy? I guess I will have to find it&#039;s historical origins.</description>
		<content:encoded><![CDATA[<p>Very interesting. I wonder if quantum meruit must be classed as an equitable remedy? I guess I will have to find it&#8217;s historical origins.</p>
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