Quantum Meruit
A5. Maritime Law, private and commercialDefinition
Restitutionary measure where contract fails but services rendered.
Quantum meruit, meaning as much as he has earned, is the restitutionary claim for the reasonable value of services rendered where no enforceable contract price applies. It arises when a contract is void, has been discharged by breach, or where work is done outside the agreed scope at the other party’s request. In shipping it surfaces when a charter falls away yet the vessel has performed part of a voyage, or where extra services are rendered without a fixed rate. The measure is the reasonable value of the benefit conferred, not the claimant’s expectation under a contract that never bound. It is restitution, founded on unjust enrichment, not on agreement.