The elements of an action for quantum meruit (unjust enrichment) include:

Question

a.   defendant requested plaintiff's performance
b.   plaintiff performed the services requested
c.    services performed by plaintiff had a fair and reasonable value
d.   the defendant failed to pay for the goods or services rendered
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The remedies available are damages equal to the value of the goods and services and other remedies.
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Draft the complaint language for the cause of action paragraph, the remedy paragraph, and the wherefore clause for the facts given, then state whether the syllogism is complete and, if not, what is lacking.
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Merit Landscaping has agreed to care for Harry Berry's yard during a three-month absence for the sum of $300. Berry returns to find the yard mowed, but hears from neighbors that it was overgrown most of the summer, and refuses to pay. Merit sues for quantum meruit.

What will be an ideal response?

Answer 1

1. Plaintiff performed landscaping service at (address) from June 2 to Aug. 29, __, at request of Defendant and for anticipated payment of $300.2. Defendant failed to pay for services rendered in the amount of $300.Wherefore Plaintiff demands judgment against Defendant in the amount of three hundred dollars ($300) together with the costs and disbursements of this action.Syllogism lacks one element-service rendered had a fair and reasonable value-needs to allege worth of $300.