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QUANTUM MERUIT OR QUASI CONTRACT

In Nevada, the elements for a claim unjust enrichment or quantum meruit are:

  1. A benefit has been conferred upon the defendant;
  2. Defendant appreciated the benefit;
  3. Defendant accepted and retained the benefit under circumstances where it would be inequitable for Defendant to retain the benefit without the payment of value for the same; and
  4. Absence of an express, written contract.

Robinson v. Coury, 115 Nev. 84, 976 P.2d 518 (1999); Leasepartners Corp. v. Robert L. Brook Trust, 13 Nev. 747, 942 P.2d 182, 187 (1997); Asphalt Prod. Corp. v. All Star Ready Mix, Inc., 111 Nev. 799, 898 P.2d 699 (1995); Topaz Mut. Co., Inc. v. Marsh, 108 Nev. 845 (1992); Nevada Indus. Dev. v. Benedetti, 103 Nev. 360, 363 n. 2, 741 P.2d 802, 804 n. 2 (1987); Union America Mortg. & Equity Trust v. McDonald, 97 Nev. 210 (1981).

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

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