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i didnt get the example and the point of quatum meruit and mareva injuction? please can you help me?
Quantum meruit means “the amount he deserves” or “as much as he has earned”. In most cases it denotes a claim for a reasonable sum in respect of services or goods supplied to the defendant.
An action in quantum meruit is available to recover money for services or goods supplied to a defendant in circumstances where the claimant is not recompensed by performing his obligations or supplying the goods. The claimant must usually show that the defendant expressly or impliedly requested or freely accepted the services or goods in question. Depending on the facts, the claimant might find it difficult to prove how much the claimant is entitled to receive under the principle of quantum meruit.
A claim for quantum meruit cannot arise if the parties have a contract to pay an agreed sum. In such circumstances, the parties’ relationship is governed by the law of contract. However, a claim for quantum meruit may arise where the parties:
Have not agreed a contract, or there is a so-called quasi-contract. For example, the parties may have agreed some of the contractual terms, but may have failed to reach an agreement on an essential term, such as price.
Have not fixed a price for the services or goods supplied.
Have an agreement to pay a reasonable sum for the services or goods supplied.
Have agreed a scope of work under the original contract and the work carried out falls outside that scope.Well, thank you to Najam for half answering your question Hermela
Quantum meruit can apply where complete performance is frustrated either by the party due to receive the goods or services or by external factors such as force majeure
Where only partial performance has been possible, the goods supplier (or service provider) may claim an amount in respect of the goods delivered (or extent of service provided) ‘for as much as it’s worth’ ie, in Latin, quantum meruit
Now for the second half of your question!
Mareva injunctions are often used to prevent a defendant from transferring assets out of the Court’s jurisdiction as soon as a claim is served, in order to frustrate enforcement of any ensuing judgment. The injunction is named after the 1975 UK case, Mareva Compania Naviera SA v International Bulkcarriers (I copied this from the internet page that came up when I typed into the search box ‘Mareva injunction’!) but it says everything that I would otherwise have typed.
In fact, it goes further than I would have done by giving the case name, the Court and the date! – those last two bits of information I have omitted because you will never need them in an ACCA law exam!
OK now?
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