What does Quantum mean? Quantum describes the amount of money at issue in a claim, most commonly the sum of damages or compensation to be awarded. It is a descriptive Latin term used across civil litigation rather than a term defined by statute; its assessment is governed by general principles in case law and procedural rules. In practice, courts and practitioners separate “liability” from “quantum”, with a trial or proof on quantum where fault is admitted or established. Determining quantum involves evidence on heads of loss, causation, mitigation and interest, often with expert reports (for example, medical, actuarial or accountancy). Typical contexts include contract, tort/delict,...
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This Practice Note examines what Quantum meruit means, the situations most likely to give rise to a quantum meruit Claim within a construction project, and how the court may appraise such a claim and decide what counts as a ‘reasonable sum’. See also, more generally, Practice Note: Unjust enrichment and contract claims—failure of basis and quantum meruit. It addresses when such claims commonly occur on projects and the court’s approach to fixing a reasonable figure. All within the construction context.
The phrase ‘quantum meruit’ translates as ‘as much as he has earned’. A quantum meruit claim is therefore a demand for a reasonable payment—ie the amount the party is fairly entitled to, having regard to the work or services it has provided.
A claim founded on quantum meruit will usually stem from a circumstance that, for one reason or another, leaves the sum due to the contractor uncertain. In broad terms, pursuing quantum meruit indicates that no contract governs the particular work/services undertaken and for which recompense is sought—even if a contract exists between the parties in relation to other linked or associated works...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
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