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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="pemerton" data-source="post: 8919078" data-attributes="member: 42582"><p>Quantum meruit is a cause of action whereby - to speak fairly loosely - one party has done work that improves the value of another's property, or otherwise confers a benefit on that other party, but there is no contract between the parties establishing payment for that work. It entitles the applicant to fair payment.</p><p></p><p>It can be seen as a species of unjust enrichment - in the sense that, were the quantum meruit not awarded, the party who received the benefit would be unjustly enriched at the expense of the applicant.</p><p></p><p>The doctrine has no applicability in the context of the OGL, where no party performs labour or transfers assets without a juridical basis for that conduct, such that the other party would become unjustly enriched at the first party's expense.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8919078, member: 42582"] Quantum meruit is a cause of action whereby - to speak fairly loosely - one party has done work that improves the value of another's property, or otherwise confers a benefit on that other party, but there is no contract between the parties establishing payment for that work. It entitles the applicant to fair payment. It can be seen as a species of unjust enrichment - in the sense that, were the quantum meruit not awarded, the party who received the benefit would be unjustly enriched at the expense of the applicant. The doctrine has no applicability in the context of the OGL, where no party performs labour or transfers assets without a juridical basis for that conduct, such that the other party would become unjustly enriched at the first party's expense. [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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