What do you understand by Quantum Meruit? What is an Anticipatory Breach of Contract?


The term quantum meruit means as much as merited or as much as earned. In other words, it refers to the payment in proportion to the amount of work done. The general rule states that unless a person has performed his obligations in full, he cannot claim performance from other. In certain cases, where a person who has performed some work under a contract, can claim remuneration for the work already done by him. The right to claim on quantum meruit does not arise out of the contract unlike the right to damages does. The law implies in the circumstances of the quasi contractual obligations. Section 70 of the Indian Contracts Act allows the action of :Quantum Meruit.”

Anticipatory Breach of Contract.

Anticipatory breach of contract occurs when a party repudiates the contract before the time fixed for its performance or when a party by his own act disables himself absolutely from performing the contract. For example: A, contracts to marry B. Before the agreed date of marriage, A !marries C. In this case, A has committed anticipatory breach of contract.

Section 39 states that, when a party to a contract has refused to perform, or disabled himself from performing his promise in its entirety, the promisee may put an end,to the contract, unless he has signified, by words or by conduct, his acquiescence (willingness) in its continuance.

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