Section 7.28 Introduction

• Library: Contracts 2016 Supp

A. (§7.28) Introduction

While a breach-of-contract claim gives rise to both legal and equitable remedies, a contractual relationship (or even the bestowal of certain benefits in the absence of a contract) can also give rise to equitable actions that are distinct from a breach-of-contract claim. These equitable, or quasi-contractual, actions are primarily designed to use a court’s equitable powers to prevent one party’s unjust enrichment at the expense of the other. Green Quarries, Inc. v. Raasch, 676 S.W.2d 261, 264 (Mo. App. W.D. 1984). Quantum meruit and unjust enrichment are these equitable actions. Johnson Group, Inc. v. Grasso Bros., Inc., 939 S.W.2d 28, 30 (Mo. App. E.D. 1997).

Quantum meruit...