Latin for Lawyers

L ATIN FOR L AWYERS

the offer. A qualified endorsement of a negotiable instrument is an endorse ment with non-recourse to the endorser. A qualifying clause is a clause in a contract expressing conditions. QUANTUM [L. quantus / of what size; how great; how much; in what amount] The measure of. How much? An amount or portion. A fixed, elemental unit of energy; the basis for the quantum theory in physics. QUANTUM DAMNIFICATUS [L. quantus / how much, how great, at which price, to what extent + damno , damnare / to cause loss, damage or injury] Literally, how great is the damage? This phrase introduced the inquiry by English courts of equity into the extent of the damages suffered by the plain tiff. QUANTUM MERUIT [L. quantum + merere / to deserve, merit, earn] Literally, as much as is deserved or earned. Originally, this described an inquiry by the equity courts into the value of a plaintiff’s goods and services whenever fairness required that a contract between the parties be implied. The requirements for recovery were the rendering of goods or services by the plaintiff to the defendant, the acceptance and use of the goods or services by the defendant, the reasonable expectation of the plaintiff that he would be paid for the goods or services, and the refusal of the defendant to pay. A con tract created by implication under the doctrine of quantum meruit is called an implied contract or a quasi-contract . Quantum meruit applies also to cases in which part performance under an express contract is given and accepted. See QUASI EX CONTRACTUS QUANTUM VALEBANT [L. quantum + valeo , valere / to be strong, prevail, have worth or value] As much as they were worth. An inquiry by the court as to the value of goods sold and delivered in the common-law action of assumpsit , based on an implied promise by the defendant to pay the reasonable value of goods deliv ered to and accepted by him, See ASSUMPSIT QUARANTINE [L. quadraginta / forty. A period of forty days] In medieval times, a ship which arrived at a port with diseased or infected seamen would be kept in isolation in the port for a period of forty days. Hence, the isolation of humans or animals with contagious or infectious dis eases. Under applicable statutes, the authorities have the right to isolate peo ple in their homes, to bar animals from entry into a state or country, and to prevent the docking of ships in port.

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