Sexual Quantum Meruit

This actually came up in a hypo, based on a real extortion case.

Say that paying for sex is legal, and a sexual transaction is made with the expectation of payment but no prearranged fee. Then there might be a lawsuit on a sexual quantum meruit theory, which might also be called (click "READ MORE" for a possible answer) …

quantum meretrix.

Comments

[MatthewSlyfield]

A link to the real case would be interesting.

[Eugene Volokh]

There'll be one soon; right now, we're litigating the unsealing of portions of the record.

[ReaderY]

Note - in the Nevada case I cited, quantum merit is potentially available, but only for non-sexual matters, such as whether a cohabitant gains an interest in the property.

[Eugene Volokh]

Thanks, but I don't see the Nevada citation; can you post it, please?

[ReaderY]

I still have a “your comment is awaiting moderation” on the original link. The case is Hay v.Hay, 678 P.2d 672 (1984).

[ReaderY]

Will remove link from prior post and see if it works.

[ReaderY]

Gist of prior post is that the Nevada courts ruled that criminal prostitution is statutory and separate from the common-law rule that a meretricious contract is unenforceable. Accordingly, the common-law rule survived the legislative repeal of the criminal statute.

By the way, they ruled the same way on gambling. Just because gambling can’t be prosecuted as a crime and is regulated doesn’t make a gambling agreement enforceable. The casino commission can take away the casino’s license, but that doesn’t mean the courts can award gambling winnings.

[MonitorsMost]

Meretricious relationship is another legal term for common law marriage.

[Eugene Volokh]

I don't think that's right (or is there a joke I'm missing here?).

[[Eugene Volokh] Sexual Quantum Meruit – Jehtro Lewis – Blog]

[…] from Law https://reason.com/2019/04/18/sexual-quantum-meruit/ […]

[Dilan Esper]

And then there is sex in exchange for, say, painting the fence or leaving the toilet seat down:

"Quantum marriedsex".

[Robert Beckman]

Misfortunately, I was facing my wife and drinking coffee when I read that and had to quickly defend both the ejaculation and it’s cause.