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...could not be justified as proceeding upon the basis of quantum meruit. Compensation quantum meruit may be awarded for work done or services rendered only when the price thereof is not fixed by a contract. ...upon the basis of quantum meruit.
Relying upon s. 222 of the Indian Contract Act, by which duty to indemnify the agent against the consequences of all lawful acts done in exercise of the authorit...argument advanced by Mr. Chatterjee that the Agents were entitled to claim remuneration at rates substantially different from the terms stipulated, on the basis of quantum meruit. Compensation quantum...
...appreciate the argument advanced by Mr Chatterjee that the agents were entitled to claim remuneration at rates substantially different from the terms stipulated, on the basis of quantum meruit. Compensation quantum...meruit is awarded for work done or services rendered, when the price thereof is not fixed by a contract. For work done or services rendered pursuant to the terms of a contract, compensation quantum...meruit cannot be awarded where the contract provides for the consideration payable in that behalf. Quantum meruit is but reasonable compensation awarded on implication of a contract to...
...because on account of an uncontemplated turn of events, the performance of the contract has become onerous. It is held that compensation quantum meruit is awarded when the price is not fixed by the...contract. It is held that for work done or services rendered pursuant to the terms of contract, compensation quantum meruit cannot be awarded.13. The above law fully governs...
...Court held that the award which ignored the express terms of the contract prescribing the remuneration payable could not be justified as proceeding upon the basis of quantum meruit. Compensation quantum...meruit could be awarded for the work done or services rendered only when the price thereof was not fixed by a contract. For work done or service rendered pursuant to the terms of a contract, compensation quantum...compensation had to be given on the principle of quantum meruit. Strangely enough the contractor claimed damages for delay in completing the project when the contract itself came to an end on 15-11-1978. There could not be ...
...that the respondent having failed to prove the oral agreement pleaded the respondents' suit should have been dismissed and compensation quantum meruit which was not claimed should not have been awarded...him, the suit should have been dismissed, and they should not have awarded compensation quantum meruit which was not claimed. it was urged that the respondent must succeed or fail' on the case pleaded...:
Building contract--Defective work--Additional work not covered by agreement--Compensation, when can be allowed--Indian Contract Act, 1872 (9 of 1872), s. 70.
HEADNOTE...
...extra unloading and also for extra transportation of unloaded goods. Even otherwise the compensation quantum meruit can be awarded to the plaintiff for the work done or the services rendered when...1960 SC 588. This case was cited by Shri P.C. Kavina, who contended that the principle of quantum meruit cannot be applied when the contract provides for consideration payable in that behalf. We are, however, unable to agree wit...meruit is awarded for work done or services rendered, when the price thereof is not fixed by a contract. For work done or services rendered pursuant to the terms of a contract, compensation quantum...
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...hors it. Further, that it was quite open to the Umpire to award compensation quantum meruit, as the matter did arise out of the contract and was well within the jurisdiction of the Umpire. I propose to...Act because it is under the contract and not de hors it; and that compensation quantum meruit could be awarded by the Umpire. As can be well seen from the finding already quoted above, the...compensation quantum meruit. In either case it will be de hors the contract and, therefore, not within the jurisdiction or competence of the Umpire. This position in law finds support from the decision of the...
...appellant had not started the work no question of quantum meruit would arise. The principle of quantum meruit is rooted in English law under which there were certain procedural advantages in framing an action for ...quantum meruit is awarded for work done or services rendered when the price thereof is not fixed by a contract. For work done or services rendered persuant to the terms of a contract compensation quantum ...he should be paid on the basis of quantum meruit. This in our view is a far fetched argument and has no relation to the facts and circumstances of the case. Even assuming that the stand taken by the...
...the principle of quantum meruit, as embodied in S. 70 of the Contract Act, has no application whatever. The Supreme Court stated in Alopi Parshad...meruit is awarded tor work done or services rendered, when the price thereof is not fixed by a contract. For work done or services rendered pur suant to the terms of a contract, compensation quantum...meruit cannot be awarded where the contract provides for the consideration payable in that behalf Quantum meruit is but reaso nable compensation awarded...
..., the principle of quantum meruit applied for awarding compensation.(vi) Since no reply was sent by the appellant Corporation to the letter of the...70 of the Contract Act on the principle of quantum meruit would not be applicable since there was a stipulation under the contract for payment at the rate of Rs 108 MT only...contract. Finally, it is submitted that principles of quantum meruit under Section 70 of the Contract Act, 1872 (in short “the Contract Act”) has no application in view of the specific contractual...
...Ltd. v. Khyaliram Jagannath, (1968) 1 SCR 821 : AIR 1968 SC 522. (II) Quantum Meruit 57. The Respondent No.1 has submit...basis of quantum meruit. Compensation quantum meruit is awarded for work done or services rendered, when the price thereof is not fixed by a contract. For work done or services rendered pursuant to the ter...meruit cannot be awarded where the contract provides for the consideration payable in that behalf. Quantum meruit is but reasonable compensation awarded on...
.... Chatterjee that the Agents were entitled to claim remuneration at rates substantially different from the terms stipulated, on the basis of quantum meruit. Compensation quantum meruit is awarded for work ...meruit cannot be awarded where the contract provides for the consideration payable in that behalf. Quantum meruit is but reasonable compensation awarded.... Learned counsel would further submit that the sole arbitrator applied the principle of quantum of meruit to grant claim as the respondent was the lowest bidder and the issue has not been contested by the...
...because on account of an uncontemplated turn of events, the performance of the contract has become onerous. It is held that compensation quantum meruit is awarded when the price is not fixed by the...contract. It is held that for work done or services rendered pursuant to the terms of contract, compensation quantum meruit cannot be awarded.
3. In the light of the...
...justified as proceeding on the basis of quantum meruit and that compensation quantum meruit might be awarded for work done or services rendered only when the price thereof was not fixed by a contract and f...completion of the contract. As Union of India claimed that the contract was not completed by the contractor the Arbitrator brought in the principle of quantum meruit but at the same time the arbitrator...award damages on general principles or on the principle of quantum meruit. He referred to a decision of the Supreme Court in Alopi Pershad and Sons Ltd. v. Union of India...
...Section 70 of the Indian Contract Act because the decision is under the contract and not de hors it. Further, that it was quite open to the Umpire to award compensation quantum meruit, as...contract and not de hors it; and that compensation quantum meruit could be awarded by the Umpire. As can be well seen from the finding already quoted above, the Umpire has proceeded to give the Award...a fair interpretation of the Award it is really based either on the principles of Section 70 of the Indian Contract Act or on compensation quantum meruit. In either case it...
...liability to perform his part of the contract, merely because on account of an uncontemplated turn of events, the performance of the contract has become onerous. It is held that compensation quantum meruit is...awarded when the price is not fixed by the contract. It is held that for work done or services rendered pursuant to the terms of contract, compensation quantum meruit cannot be awarded...contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from whom he received it. The...
..., AIR 1960 SC 588, held as follows:“For work done or services rendered pursuant to the terms of a contract compensation quantum meruit cannot b...the contract provides for the consideration payable in that behalf. Quantum meruit is but reasonable compensation awarded on implication of a contract to remunerate, and an express stipulation...Puran Lal Sah v. State Of U.P† .,. AIR 1971 SC 712, and held as follows:“13…… The principle of quantum meruit is rooted in English law under which the...
...performance of the contract has become onerous. It is held that compensation quantum meruit is awarded when the price is not fixed by the contract. It is held that for work done or services rendered pursuant...to the terms of contract, compensation quantum meruit cannot be awarded.
13. The above law fully governs this case. In this case the contract between the parties...could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.
Compensation for loss through non-performance of act known to be impossible or...
...contract being impracticable, the contract should only be set aside on the terms of the party against whom it was set aside being given compensation as on a quantum meruit for services rendered. It was...suggested that the services rendered in the present case on which the quantum meruit could be based consisted in the abandonment of the suit, and that the party's own valuation of what these services were worth (viz., the sum which ...