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Quantum meruit
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Quantum meruitPleading. As much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the lawimplies a promise from, the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his declaration that the defendant promised to pay him as much as he reasonably deserved, and then aver that his trouble was worth sucli a sum of money, which the defendant has omitted to pay.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Person
This word is applied to men, women and children, who are called natural persons.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Agreement
A verbal or written resolution of disputes.
Compensation
1) Contracts. A reward for services rendered. 2) Crim. law; Compeusatio crimiuura, or recrimination. 3) Remedies. The damages recovered for an injury, or the violation of a contract.
Promise
Contracts. An engagement by which the promisor contracts towards another to perform or do something to the advantage of the latter.
Employer
One who has engaged or hired the services of another. He is entitled to rights and bound to perform duties.
Workman
One who labors, one who is employed to do business for another.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Defendant
A party who is sued in a personal action.
Aver
To assert for the truth; to state in positive terms; to allege formally.
Money
Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weight and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, and marked with a Stamp which attests their value; this is called money.
SIMILAR TERMS--------------------------------------
Quando acciderent
Pleading, practice. When they may happen. When a de-fendant, executor, or administrator pleads plene administravit, the plaintiff may pray to have judgment of assets quando acciderint.
Quanti minoris
The name of a particular action in Louisiana. An action quanti minoris is one brought for the reduction of the price of a thing sold, in consequence of defects in the thing which is the object of the sale.
Quantity
Pleading. That which is susceptible of measure.
Quantum
(United Kingdom) How much, an amount.
Quantum damnificatus
Equity practice. An issue directed by a court of equity to be tried in a court of law, to ascertain by a trial before a jury, the amount of damages suffered by the non-performance of some collateral undertaking which a penalty has been given to secure. When such damages have thus been ascertained the court will grant relief upon their payment.
Quantum valebat
Pleading. As much as it was worth. When goods are sold, without specifying any price, the law implies a promise from the buyer to the seller that he will pay him for them as much as they were worth.
PREVIOUS AND NEXT TERMS--------------------------------------
Quando acciderent
Pleading, practice. When they may happen. When a de-fendant, executor, or administrator pleads plene administravit, the plaintiff may pray to have judgment of assets quando acciderint.
Quanti minoris
The name of a particular action in Louisiana. An action quanti minoris is one brought for the reduction of the price of a thing sold, in consequence of defects in the thing which is the object of the sale.
Quantity
Pleading. That which is susceptible of measure.
Quantum
(United Kingdom) How much, an amount.
Quantum damnificatus
Equity practice. An issue directed by a court of equity to be tried in a court of law, to ascertain by a trial before a jury, the amount of damages suffered by the non-performance of some collateral undertaking which a penalty has been given to secure. When such damages have thus been ascertained the court will grant relief upon their payment.
Quantum meruit
Quantum valebat
Pleading. As much as it was worth. When goods are sold, without specifying any price, the law implies a promise from the buyer to the seller that he will pay him for them as much as they were worth.
Quarantine
1) Commerce, Criminal law. The space of forty days, or a less quantity of time, during which the crew of a ship or vessel coming from a port or place infected or supposed to be infected with discase, are required to remain on board after their arrival, before they can be permitted to land. 2) Inheritances, rights. The space of forty days during which a widow has a right to remain in her late hushand's principal mansion, immediately after his death. The right of the widow is also called her quarantine.
Quare
Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill.
Quare clausum fregit
Wherefore he broke the close. In actions of trespass to real estate the defendant is charged with breaking the close of the plain-tiff. Formerly the original writ in such a case was a writ of trespass quare clausum fregit, now the charge of breaking the close is laid in the declaration.
Quare ejecit infra terminum
Wherefore did he eject within the term. The name of a writ which lies for a 1essee, who has been turned out of his farm before the expiration of his term or lease, Against the feoffee of the land, or the lessor who ejects him. This has given way to the action of ejectment.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Person
This word is applied to men, women and children, who are called natural persons.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Agreement
A verbal or written resolution of disputes.
Compensation
1) Contracts. A reward for services rendered. 2) Crim. law; Compeusatio crimiuura, or recrimination. 3) Remedies. The damages recovered for an injury, or the violation of a contract.
Promise
Contracts. An engagement by which the promisor contracts towards another to perform or do something to the advantage of the latter.
Employer
One who has engaged or hired the services of another. He is entitled to rights and bound to perform duties.
Workman
One who labors, one who is employed to do business for another.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Defendant
A party who is sued in a personal action.
Aver
To assert for the truth; to state in positive terms; to allege formally.
Money
Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weight and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, and marked with a Stamp which attests their value; this is called money.
SIMILAR TERMS--------------------------------------
Quando acciderent
Pleading, practice. When they may happen. When a de-fendant, executor, or administrator pleads plene administravit, the plaintiff may pray to have judgment of assets quando acciderint.
Quanti minoris
The name of a particular action in Louisiana. An action quanti minoris is one brought for the reduction of the price of a thing sold, in consequence of defects in the thing which is the object of the sale.
Quantity
Pleading. That which is susceptible of measure.
Quantum
(United Kingdom) How much, an amount.
Quantum damnificatus
Equity practice. An issue directed by a court of equity to be tried in a court of law, to ascertain by a trial before a jury, the amount of damages suffered by the non-performance of some collateral undertaking which a penalty has been given to secure. When such damages have thus been ascertained the court will grant relief upon their payment.
Quantum valebat
Pleading. As much as it was worth. When goods are sold, without specifying any price, the law implies a promise from the buyer to the seller that he will pay him for them as much as they were worth.
PREVIOUS AND NEXT TERMS--------------------------------------
Quando acciderent
Pleading, practice. When they may happen. When a de-fendant, executor, or administrator pleads plene administravit, the plaintiff may pray to have judgment of assets quando acciderint.
Quanti minoris
The name of a particular action in Louisiana. An action quanti minoris is one brought for the reduction of the price of a thing sold, in consequence of defects in the thing which is the object of the sale.
Quantity
Pleading. That which is susceptible of measure.
Quantum
(United Kingdom) How much, an amount.
Quantum damnificatus
Equity practice. An issue directed by a court of equity to be tried in a court of law, to ascertain by a trial before a jury, the amount of damages suffered by the non-performance of some collateral undertaking which a penalty has been given to secure. When such damages have thus been ascertained the court will grant relief upon their payment.
Quantum meruit
Quantum valebat
Pleading. As much as it was worth. When goods are sold, without specifying any price, the law implies a promise from the buyer to the seller that he will pay him for them as much as they were worth.
Quarantine
1) Commerce, Criminal law. The space of forty days, or a less quantity of time, during which the crew of a ship or vessel coming from a port or place infected or supposed to be infected with discase, are required to remain on board after their arrival, before they can be permitted to land. 2) Inheritances, rights. The space of forty days during which a widow has a right to remain in her late hushand's principal mansion, immediately after his death. The right of the widow is also called her quarantine.
Quare
Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill.
Quare clausum fregit
Wherefore he broke the close. In actions of trespass to real estate the defendant is charged with breaking the close of the plain-tiff. Formerly the original writ in such a case was a writ of trespass quare clausum fregit, now the charge of breaking the close is laid in the declaration.
Quare ejecit infra terminum
Wherefore did he eject within the term. The name of a writ which lies for a 1essee, who has been turned out of his farm before the expiration of his term or lease, Against the feoffee of the land, or the lessor who ejects him. This has given way to the action of ejectment.
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This dictionary contains 8526 terms.
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