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A claim on quantum meruit is available only if:
AThe contract is still subsisting
BDamages have already been awarded
CThe claimant is in breach
DThe original contract has been discharged and the claimant is not the party in default
Answer & Solution
Correct answer: D. The original contract has been discharged and the claimant is not the party in default
Quantum meruit requires that the original contract be discharged and that the claim be brought by a party who is not himself in default.
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