Also known as: quasi contractual recovery · quasi-contract recovery · quasi-contract · unjust enrichment · quantum meruit · restitution
Written by attorneys · grounded in primary & secondary sources — see below
A restitutionary remedy at law that restores a party to the position occupied before a transaction by requiring payment of the reasonable value of benefits conferred. It prevents unjust enrichment when no enforceable contract exists or when an agreement is avoided.
Nova Assurance paid premiums to Premier Risk expecting policy renewal. When Premier failed to renew, a power outage caused lost profits with no insurance recovery available. Nova sought payment equal to the value of the protection it had funded through its payments.
A spouse executed a will leaving the marital home to a third party while divorce proceedings were pending. The testator died before the tenancy ended. The surviving spouse conferred benefits on the property and sought restitution equal to the value of those benefits from the third party to prevent unjust enrichment.
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Both parties to a land contract assumed the parcel included water rights essential to the buyer's plans. After discovering the mistake, the buyer avoided the deal and sought return of the down payment plus the value of improvements made in reliance.
A homeowner violated a recorded servitude by building outside approved setbacks. Neighbors sued and requested an order requiring removal plus payment reflecting the benefit the homeowner received from the unauthorized construction.
After a couple ended their engagement, one partner sought reimbursement for wedding deposits and career sacrifices made in anticipation of marriage. The claim rested on expenditures made in reliance rather than on any expected future benefits.
A client conferred funds on an attorney under a private restitution agreement after misappropriation by another lawyer. The recipient attorney sought to retain the value of benefits conferred while the client pursued recovery of the reasonable value paid.
Quasi-contractual recovery restores the parties to their pre-transaction positions by awarding the reasonable value of benefits conferred. Contract damages aim to place the aggrieved party in the position performance would have provided.
Supporting sources
It is available when one party confers a benefit on another under circumstances where retention of the benefit without payment would constitute unjust enrichment.
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No. The remedy focuses on restoring the status quo ante through restitution of benefits conferred rather than compensating for expected gains.
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…partnership or joint venture, or some other tacit understanding between the parties. The courts may also employ the doctrine of quantum meruit, or equitable remedies such as constructive or resulting trusts, when warranted by the facts of the case. In the instant case plaintiff and defendant lived together for seven years without…