quantum meruitn.adv.

Brit.

/ˌkwɒntəm ˈmɛrʊɪt/, U.S.

/ˌkwɑn(t)əm ˈmɛrəwᵻt/

Origin: A borrowing from Latin. Etymon: Latin quantum meruit.

Etymology: < post-classical Latin quantum meruit as much as he or she has deserved (see note) < classical Latin quantum which amount (see quantum n.) + meruit , third singular perfect of merēre to deserve (see merit n.).Although this particular Latin phrase is not used in the 17th-cent. Latin plea roll enrolments, similar phrases occur in contemporary documents, such as omnes alias denariorum summas quas idem Johannes Halle racionabiliter mereret pro labore suo ‘all the other sums of money which the same John Hall reasonably deserved for his work’ (1620), quantum eadem Susanna de eodem Willelmo infra tempus predictum racionabiliter mereretur ‘as much as the same Susanna reasonably deserved from the same William within the agreed time’ (1628). Quot. 1657 below translates an (apparently unpublished) French report of a case heard in Trinity term 1627:1657 H. Grimston tr. G. Croke Reports 77 It is the usuall way to lay down in certainty, viz. That he should pay for it tantum quantum meruit, &c. and then to averre what it is reasonably worth, which being the common course and alwaies allowed, Judgment was therefore affirmed.]

Law.

A reasonable sum of money to be paid for services rendered or work done, when the amount due is not stipulated in, or determinable according to, a legally enforceable contract. Also: an action, charge, or claim grounded on such an implied contract. Also as adv.

ΚΠ

1653 ‘Philostratus Philodemius’ Seasonable Observ. 37 The Clerk is no Officer of Court, and therefore, not so proper to be placed in the Table of Fees, the parties always paying him Quantum meruit, or as cheap as they can agree, who otherwise will not take that pains.

1659 in E. Bulstrode Rep. III. 86 How shall a Taylor be paid upon a quantum meruit?

1685 J. Keble Rep. King's Bench 1 422 In action by executors on indebitatus for wares sold to pay quantum meruit, not shewing what the particulars were.

a1715 W. Salkeld Rep. Cases King's Bench (1718) 2 557 Quantum meruit for meat, drink, &c.

1729 G. Jacob New Law-dict. sig. Hhhh2 If a man retains any person to do work or other thing for him..without any certain agreement; in such case the law implies that he shall pay for the same, as much as they are worth, and shall be reasonably demanded; for which Quantum meruit may be brought.

1760 G. Gilbert Cases Law & Equity 53 This is a Reason also why a quantum meruit will lie in this Case.

1832 P. Bingham Rep. Court Common Pleas 8 16 I agree that, when a special contract is in existence and open, the plaintiff cannot sue on a quantum meruit.

1867 I. F. Redfield Law Railways (ed. 3) I. xix. ii. 444 Where the party for whom the labor is performed wilfully hinders and obstructs the progress of work, it has been held he was liable, as upon a quantum meruit.

1904 Law Rep.: King's Bench Div. 2 329 Remuneration upon the basis of a quantum meruit in respect of work and labour done for the company at its request.

1959 Earl Jowitt & C. Walsh Dict. Eng. Law II. 1452/2 Where the failure to complete performance of the contract is due to the fault of the other party, the party not in default has the right to sue on a quantum meruit for the services which he has done under it.

1973 N.Y. Law Jrnl. 1 Aug. 13/3 The former attorneys have the right to elect whether they will accept their compensation on the basis of a presently fixed dollar amount quantum meruit.

1993 Ld. Goff of Chieveley & G. Jones Law of Restitution 179 In..quantum meruit claims the courts will impose liability to pay..provided that the defendant, knowing that the services were not rendered gratuitously, has freely accepted the benefit of them.

This entry has been updated (OED Third Edition, December 2007; most recently modified version published online March 2022).

单词	quantum meruit
释义	quantum meruitn.adv. Brit. /ˌkwɒntəm ˈmɛrʊɪt/, U.S. /ˌkwɑn(t)əm ˈmɛrəwᵻt/ Origin: A borrowing from Latin. Etymon: Latin quantum meruit. Etymology: < post-classical Latin quantum meruit as much as he or she has deserved (see note) < classical Latin quantum which amount (see quantum n.) + meruit , third singular perfect of merēre to deserve (see merit n.).Although this particular Latin phrase is not used in the 17th-cent. Latin plea roll enrolments, similar phrases occur in contemporary documents, such as omnes alias denariorum summas quas idem Johannes Halle racionabiliter mereret pro labore suo ‘all the other sums of money which the same John Hall reasonably deserved for his work’ (1620), quantum eadem Susanna de eodem Willelmo infra tempus predictum racionabiliter mereretur ‘as much as the same Susanna reasonably deserved from the same William within the agreed time’ (1628). Quot. 1657 below translates an (apparently unpublished) French report of a case heard in Trinity term 1627:1657 H. Grimston tr. G. Croke Reports 77 It is the usuall way to lay down in certainty, viz. That he should pay for it tantum quantum meruit, &c. and then to averre what it is reasonably worth, which being the common course and alwaies allowed, Judgment was therefore affirmed.] Law. A reasonable sum of money to be paid for services rendered or work done, when the amount due is not stipulated in, or determinable according to, a legally enforceable contract. Also: an action, charge, or claim grounded on such an implied contract. Also as adv. ΚΠ 1653 ‘Philostratus Philodemius’ Seasonable Observ. 37 The Clerk is no Officer of Court, and therefore, not so proper to be placed in the Table of Fees, the parties always paying him Quantum meruit, or as cheap as they can agree, who otherwise will not take that pains. 1659 in E. Bulstrode Rep. III. 86 How shall a Taylor be paid upon a quantum meruit? 1685 J. Keble Rep. King's Bench 1 422 In action by executors on indebitatus for wares sold to pay quantum meruit, not shewing what the particulars were. a1715 W. Salkeld Rep. Cases King's Bench (1718) 2 557 Quantum meruit for meat, drink, &c. 1729 G. Jacob New Law-dict. sig. Hhhh2 If a man retains any person to do work or other thing for him..without any certain agreement; in such case the law implies that he shall pay for the same, as much as they are worth, and shall be reasonably demanded; for which Quantum meruit may be brought. 1760 G. Gilbert Cases Law & Equity 53 This is a Reason also why a quantum meruit will lie in this Case. 1832 P. Bingham Rep. Court Common Pleas 8 16 I agree that, when a special contract is in existence and open, the plaintiff cannot sue on a quantum meruit. 1867 I. F. Redfield Law Railways (ed. 3) I. xix. ii. 444 Where the party for whom the labor is performed wilfully hinders and obstructs the progress of work, it has been held he was liable, as upon a quantum meruit. 1904 Law Rep.: King's Bench Div. 2 329 Remuneration upon the basis of a quantum meruit in respect of work and labour done for the company at its request. 1959 Earl Jowitt & C. Walsh Dict. Eng. Law II. 1452/2 Where the failure to complete performance of the contract is due to the fault of the other party, the party not in default has the right to sue on a quantum meruit for the services which he has done under it. 1973 N.Y. Law Jrnl. 1 Aug. 13/3 The former attorneys have the right to elect whether they will accept their compensation on the basis of a presently fixed dollar amount quantum meruit. 1993 Ld. Goff of Chieveley & G. Jones Law of Restitution 179 In..quantum meruit claims the courts will impose liability to pay..provided that the defendant, knowing that the services were not rendered gratuitously, has freely accepted the benefit of them. This entry has been updated (OED Third Edition, December 2007; most recently modified version published online March 2022). < n.adv.1653
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