A “family relationship” is an affirmative defense to certain claims. It is rare. It can arise as a defense to claims of unjust enrichment, quantum meruit, or adverse possession. The defense is that services were rendered out of love and affection and that one was not necessarily trying to seek money. “The existence of a…
Legal Articles
Express Contracts versus Implied Contracts; Breach of Contract
Express contracts are those in which two or more parties explicitly agree, orally or in writing, to a contract. For a plaintiff to prevail on breach of an express contract claim, the plaintiff must prove: (1) the existence and terms of a contract, (2) that plaintiff performed under the contract, (3) breach of the contract…
Real Estate Commission, Quantum Meruit
Real estate commissions (usually 4%-7% of the sale price) are typically paid in accordance with express contract terms. Therefore, if a party fails to pay a real estate commission, the realtor usually has a cause of action for breach of contract. For practical reasons, this usually does not happen because most real estate transactions are…
Quantum Meruit versus Unjust Enrichment
Although the two are often confused and melded together, quantum meruit and unjust enrichment are distinct legal theories which can form the basis for a lawsuit. In practice, they are often pleaded and argued together; however, they have different measures of damages. Quantum meruit requires that the plaintiff prove: (1) he provided the defendant with…