Quantum Merit - Law Dictionary Search Results
Home Dictionary Name: quantum meritQuantum meruit
Quantum meruit (so much as he has earned), an action on the case, express or implied, grounded on a promise to pay the plaintiff for doing a thing as much as he has earned or merited. The term is still in use to meet the cases where a plaintiff failing to prove a special contract to pay him a particular amount recovers what may be considered to be the value of his work, in which case he is said to recover on a quantum meruit [see Craven Ellis v. Canons Ltd., (1936) 2 KB 403]. As to when a plaintiff should base his claim on a special contract and when on a quantum meruit, see also Cutter v. Powell, 6 TR 320; 3 RR 185; and notes in Smith's Leading Cases thereunder. See also Cutler v. Powell, 6 TR 320 3 RR 185A claim on a quantum meruit may be specially indorsed under R.S.C. Ord. III., r. 6; Lagos v. Gunwaldt, (1910)1 KB 41.Means as much as he has deserved. The reasonable value of services; damages awarded in an amount considered reasonable to compensate a person who had rendered services...
Quantum valebant
Quantum valebant, means 'as much as they were worth'. At common law, a count in an assumpsit action to recover payment for goods sold and delivered to another, Black's Law Dictionary, 7th Edn., p. 1255.--(so much as it was worth). Where goods, etc., were delivered at no certain price, or for as much as they were worth in general, then quantum valebat lay, and the plaintiff was to aver them to be worth so much, as where the law obliged one to furnish another with goods or provisions, as an innkeeper to his guests, etc. Compare quantum meruit (supra)....
Merit
Merit, 'Merit' consists of a high degree of intelligence coupled with a keen and incisive mind, sound knowledge of the basic subjects and infinite capacity for hard work and also calls for a sense of social commitment and dedication to the cause of the poor, Dr. Pradeep Jain v. Union of India, AIR 1984 SC 1420 (1431): (1984) 3 SCC 654: (1984) 3 SCR 942.No doubt the term 'merit' is not capable of an easy definition, but it can be safely said that merit is a sum total of various qualities and attributes of an employee such as his academic qualifications, his distinction in the University, his character, integrity, devotion to duty and the manner in which he discharges his official duties. Allied to this may be various other matter or factors such as his punctuality in work, quality and outturn of work done by him and the manner of his dealings with his superiors and subordinate officers and the general public and his rank in the service and annual confidential report. All these and other...
Tantum prescriptum quantum possessum
Tantum prescriptum quantum possessum, the doctrine of 'Tantum prescriptum quantum possessum' is confined to a mere trespass who claims title only by possession without any claim or colour of title, Onkarmal Agarwalla v. Bireswar Hazra, AIR 1959 Cal 195 (200). (Limitation Act, 1908, Art. 142, 144)...
Merits, affidavit of
Merits, affidavit of. This instrument is necessary when a defendant seeks to set aside, for irregularity, a judgment signed or other proceeding. The term 'merits,' in an affidavit of this nature, is to be read in a technical sense, and is not to be understood to be confined to strictly moral and conscientious defences; and defences of the Statute of Frauds or Limitations, and of Bankruptcy and Infancy, are defences on the merits, 2 Chit. Arch. Prac....
Seniority-cum-merit
Seniority-cum-merit, 'seniority-cum-merit' means that given the minimum necessary merit requisite for efficiency of administration, the senior though the less meritorious shall have priority. This will not violate Arts. 14, 16(1) and 16(2). State of Kerala v. N.M. Thomas, AIR 1976 SC 490 (500): (1976) 2 SCC 310: (1976) 1 SCR 906....
quantum meruit
quantum meruit [Latin, as much as he/she deserved] 1 : a claim or count grounded on an implied contract that the defendant would pay the plaintiff as much as deserved for services or materials provided ;specif : a count in a common-law action for assumpsit claiming payment of the value of labor provided 2 : a theory or doctrine that permits recovery by a party for services or materials provided despite the absence of an express contract when they were accepted and used by the defendant under circumstances which gave reasonable notice that the plaintiff expected to be paid for them compare unjust enrichment ...
quantum valebant
quantum valebant [Latin, as much as they were worth] 1 : a count in a common-law action of assumpsit to recover the value of goods or materials furnished 2 : a theory or doctrine that permits recovery for materials provided on the basis of an implied contract ...
Generale tantum valet in generalibus quantum singulare in singulis
Generale tantum valet in generalibus quantum singulare in singulis [Lat.], what is general prevails as much amongst things general as what is particular amongst things particular...
Quando res non valet ut ago, valeat quantum valere potest
Quando res non valet ut ago, valeat quantum valere potest (Cowp. 600), when anything does not operate in the way I intend, let it operate as far as it can....
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