quantum
Defined in 4 dictionaries — Case Law, Ballentine's (1916), Anderson (1889), Abbott (1879)
Definitions from Case Law
From 529 U.S. 513 - Carmell v. Texas · 2000Most cited · 662 citing opinions
some required quantity or amount of proof, the Court is also wrong.
Ballentine's Law Dictionary
James A. Ballentine · 1916
A Dictionary of Law
William C. Anderson · 1889
1. How much; as much as; so much; whatever. Quanti minoris. Of how much less: what reduction. In Louisiana, an action for an allowance on the price of property on account of a defect discovered after sale.' Quantum danmiflcatus. How much he has been injured. See under Damnum. Quantum meruit. Whatever he deserved.' Quantum valetaat. Whatever it was worth — work, labor, goods, etc. See Count, 4 (1), Common. > [Sanford v. Prentice, 38 Wis. 362 (1871), Dixon, C. J. > State V. Niebling, 6 Ohio St. 44 (1856), Bartley, C. J. s [People V. Crissey, 91 N. T. 636 (1883), Finch, J.; 77 Va. 300, 271. < Notaries Public, 9 Col. 629 (1886). • CarroU County v. Smith, 111 U. S. 565 (1884), Matthews, J.; 97 N. C. 233. « Millaudon v. Soubercase, 3 Mart. 287 (1825). 8. Amount; quantity: as, the quantum of consideration, damages, evidence.
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Benjamin Vaughan Abbott · 1879
How much; as much. The initial word of several Latin phrases. Quantum damnificatus. How much is he damnified. The name applied to an issue directed by a court of equity to be tried in a court of law, to ascertain the amount of damages resulting from the non-performance of an undertaking. Quantum meruit. As much as he has deserved. These were the emphatic words in the Latin form of the common count in actions of assumpsit for work and labor, founded on an implied promise of the defendant to pay the plaintiff as much as he reasonably deserved for his labor. Such a count enables the plaintiff, where there is no express contract, but the labor was done under circumstances raising an implied promise, or where there is an express contract but the plaintiff cannot recover upon it, if successful, to recover upon a quantum meruit. Quantum valebat. As much as it was worth. This phrase is formed from the emphatic words of the Latin form of the common count in actions of assumpsit for goods sold and delivered, founded on an implied promise of the defendant to pay the plaintiff as much as the article sold was reasonably worth, and was used in like manner with the phrase quantum meruit, q. v. These words are thus explained by Blackstone: "If I employ a person to transact my business for me, or perform any work, the law implies that I undertook or assumed to pay him so much as his labor deserved; and, if I neglect to make him amends, he has a remedy for this injury by bringing his action on the case upon this implied assumpsit or promise, — wherein he is at liberty to suggest that I promised to pay him so much as he reasonably deserved." And this action on the case is thence termed an action of assumpsit on a quantum meruit; that is, an action for breach of my promise to pay him as much as he deserves. There is also an action of assumpsit on a quantum valebat (i.e. as much as it was worth), which is very similar to the former, being only where one takes up goods or wares of a tradesman, without expressly agreeing for the price. There, the law concludes that both parties did intentionally agree that the real value of the goods should be paid; and, therefore, an action may be brought for the breach of the implied promise to pay as much for the goods as they were worth. Quanti minoris. Of how much less; how much deduction. The name of a peculiar form of action in the civil law, adopted in Louisiana, brought to obtain a reduction in the price of a thing sold, because of defects found to exist in it after the sale.