LEGAL PRINCIPLE: CONTRACT LAW — Quantum Meruit — Assessment Must Be Based on Actual Work Done, Not Prospective Earnings
PRINCIPLE STATEMENT
In compensating upon quantum meruit for services actually rendered, assessment must be based on particulars of the nature of work done to arrive at reasonable compensation, not prospective earnings.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Savannah Bank of Nigeria Plc v. Opanubi (2004) NLC-1542000(SC) at p. 15; Paras A–B.
"In compensating a legal practitioner upon a quantum meruit for services he has actually rendered, it will be more realistic to make assessment on the basis of the particulars of the nature of work done by him to arrive at what can be considered a reasonable compensation."
EXPLANATION / SCOPE
Quantum meruit is based on actual work performed, not anticipated future earnings. Assessment requires consideration of the nature and particulars of services rendered. The principle applies to contract and restitution law. The rule prevents recovery for unperformed work. Reasonable compensation is determined by work actually done. Prospective profits or expected earnings are excluded.
