Quantum Meruit - Law Dictionary Search Results
Home Dictionary Name: quantum meruitQuantum 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 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, 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)....
Wrongful dismissal
Wrongful dismissal. A wrongful dismissal is an unjustifiable dismissal of a servant by the master from an engagement for services for a fixed time or, if upon notice, before expiration of the period of notice. The servant may elect to treat the contract as repudiated, General Bill Posting Co. v. Atkinson, 1909 AC 118; and see Measures, Ltd. v. Measures, (1910) 2 Ch 248, in which case he can recover wages actually earned on a quantum meruit [see Cutter v. Powell, (1795) 6 Term Rep 320, and Notes, Sm. L.C.], or if he treats the contract as continuing, he may sue for damages for loss of service and such wages as he has lost the opportunity of earning, taking into account the probability of finding another employment of the same kind and degree [see Brace v. Calder, (1895) 2 QB 253], but he cannot sue for a quantum meruit as well as on the contract. The custom that a domestic servant may be dismissed at any time by a month's notice or payment of a month's wages has been judicially proved, ...
Leave to defend
Leave to defend. The repealed (English) Bills of Exchange Act, 1855 (18 & 19 Vict.c.67), commonly called 'Keating's Act,' allowed actions on bills or notes commenced within six months after being due, to be by writ of summons in a form provided by the Act, and, unless the defendant should within twelve days obtain leave to appear and defend the action, allowed the plaintiff to sign judgment on proof of service. This procedure was retained by the (English) Judicature Act, 1875, Ord. II., r. 6, but abolished in 1880 by Ord. II., r. 6 (annulled 1917).By (English) R.S.C. 1883, Ord. III., r. 6, as amended by (English) R.S.C. 1933, in respect of forfeiture for non-payment of rent, it is provided that in all actions where the plaintiff seeks merely to recover a debt or liquidated demand (see QUANTUM MERUIT) in money, or possession where a tenancy has expired or been determined by notice to quit, or has become liable to forfeiture for non-payment of rent, the writ of summons may, at the option...
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)...
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....
Quantum damnificatus
Quantum damnificatus, means 'how much damnified. The issue of damages submitted by a court of equity to the jury, Black's Law Dictionary, 7th Edn., p. 1255....
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