Practice point: Under the doctrine of quantum meruit, the performance and
acceptance of services gives rise to the inference of an implied
contract to pay for the reasonable value of such services.
A person may be unjustly enriched not
only where he or she receives money or property, but also where he or she otherwise
receives a benefit. Such a benefit may be conferred where the person's
debt is satisfied or where she is otherwise saved expense or loss.
Student note: To state a cause of action for
quantum meruit, plaintiff must allege (l) the performance of the
services in good faith, (2) the acceptance of the services by the person
to whom they are rendered, (3) an expectation of compensation therefor,
and (4) the reasonable value of the services.
To state
a cause of action for unjust enrichment, a plaintiff must demonstrate that (1) defendant was enriched, (2) at plaintiff's expense, and (3)
that it is against equity and good conscience to permit defendant to
retain that which is sought to be recovered.
Case: Farina v. Bastianich, NY Slip Op02661 (1st Dept. 2014).
Here is the decision.
Tomorrow's issue: An owner's duty and slippery floors.
