A. Definition
Quantum Meruit is an equitable doctrine allowing recovery for unjust enrichment.1 The phrase means "... 'as much as he deserves' and is an expression that describes the extent of the liability on a contract implied in law."2 While this definition relates to damages, the term has come to mean a cause of action based on the theory the defendant has received a benefit the retention of which would be unjust if not paid for.3
In Myrtle Beach Hosp. v. City of Myrtle Beach,4 the court emphasized that quantum meruit, quasi-contract, and implied by law contract are equivalent terms for an equitable remedy.5 The court rejected the four-part quantum meruit test6 and overruled a number of cases to the extent they relied on that test.7 The court instead adopted the three-part test below as applicable to quantum meruit, quasi-contract, and implied by law contract.8
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Notes:
[1] Columbia Wholesale Co., Inc. v. Scudder May N.V., 312 S.C. 259, 440 S.E.2d 129 (1994). See also Earthscapes Unlimited, Inc. v. Ulbrich, 390 S.C. 609, 703 S.E.2d 221 (S.C. 2010) (action based on theory of quantum meruit sounds in equity).
[2] Webb v. First Federal Savings & Loan Ass'n of Anderson, 300 S.C. 507, 388 S.E.2d 823, 827 (Ct. App. 1989).
[3] Webb v. First Federal Savings & Loan Ass'n of Anderson, 300 S.C. 507, 388 S.E.2d 823, 827 (Ct. App. 1989).
[4] Myrtle Beach Hosp. v. City of Myrtle Beach , 341 S.C. 1, 532 S.E.2d 868 (2000).
[5] See also Thomerson v. DeVito, ___ S.C. ___, 844 S.E.2d 378 (S.C. 2020) (Court has used terms quantum meruit, ...
