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Quantum Meruit
is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services". In the United States, the elements of ''quantum meruit'' are determined by state common law. For example, to state a claim for unjust enrichment in New York, a plaintiff must allege that (1) defendant was enriched; (2) the enrichment was at plaintiff's expense; and (3) the circumstances were such that equity and good conscience require defendants to make restitution. ''Quantum meruit'' is the measure of damages where an express contract is mutually modified by the implied agreement of the parties, or not completed. While there is often confusion between the concept of ''quantum meruit'' and that of "unjust enrichment" of one party at the expense of another, the two concepts are distinct. Situation: The concept of ''quantum meruit'' applies in (but is not limited to) the following set of situations: #When a person hires anothe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Legal Terminology
Latin ( or ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally spoken by the Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, including English, having contributed many words to the English lexicon, particularly after the Christianization of the Anglo-Saxons and the Norman Conquest. Latin roots appear frequently in the technical vocabulary used by fields such as theology, the sciences, medicine, and law. By the late Roman Republic, Old Latin had evolved into standardized Classical Latin. Vulgar Latin refers to the less prestigious colloquial registers, attested in inscriptions and some literary works such as those of the comic playwrights Plautus and Terence and the author Petronius. While ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that pacta sunt servanda, agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2nd Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York, and Vermont, and it has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and courtrooms at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Because the Second Circuit includes New York City, it has long been one of the largest and most influential American federal appellate courts, especially in matters of contract law, securities law, and antitrust law. In the 20th century, it came to be considered one of the two most prestigious federal appellate courts, along with the U.S. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
9th Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases. Headquartered in San Francisco, California, the Ninth Circuit is b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Benedetti V Sawiris
is an English unjust enrichment law case, concerning the method for determining the amount of a '' quantum meruit'' claim. It was decided by the United Kingdom Supreme Court. Facts Mr Benedetti helped Mr Naguib Sawiris, as well as his company Cylo Investments Ltd and his family trusts April and OS Holding, to acquire an Italian telecoms company called Wind Wind is the natural movement of atmosphere of Earth, air or other gases relative to a planetary surface, planet's surface. Winds occur on a range of scales, from thunderstorm flows lasting tens of minutes, to local breezes generated by heatin .... On 31 January 2004 they drafted an ‘Acquisition Agreement’, however it contemplated a different way of doing the takeover. Mr Benedetti entered a brokerage agreement (through a company of his) by which he was paid a 0.55%, eventually €67 million. But this was merely for the job of brokering the purchase of shares itself, rather than the more general work of organising ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint Contracts Tribunal
The Joint Contracts Tribunal, also known as the JCT, produces standard forms of contract for construction, guidance notes and other standard documentation for use in the construction industry in the United Kingdom. From its establishment in 1931, JCT has expanded the number of contributing organisations. Following recommendations in the 1994 Latham Report, the current operational structure comprises seven members who approve and authorise publications. In 1998 the JCT became a limited company. Members The members were listed by the JCT in 2014 as: # the British Property Federation, # the Contractors Legal Group, comprising: #* the National Federation of Builders, #* the UK Contractors Group, #* the National Access and Scaffolding Confederation and #* the Scottish Building Federation; # the Local Government Association, # the National Specialist Contractors Council, # the Royal Institute of British Architects, # the Royal Institution of Chartered Surveyors and # the Scottish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letter Of Intent
A letter of intent (LOI or LoI, or Letter of Intent) is a document outlining the understanding between two or more parties which they intend to formalize in a legally binding agreement. The concept is similar to a heads of agreement, term sheet or memorandum of understanding. Merger and acquisition agreements, joint venture agreements, real property lease agreements and several other categories of agreements often make use of a letter of intent. The capitalized form ''Letter of Intent'' may be used in legal writing, but only when referring to a specific document under discussion. LOIs resemble short, written contracts, often in tabular form. They are not binding on the parties in their entirety. Many LOIs, however, contain provisions that are binding, such as those governing non-disclosure, governing law, exclusivity or a covenant to negotiate in good faith. A LOI may sometimes be interpreted by a court of law as binding the parties to it if it too-closely resembles a fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sub-contractor
A subcontractor is a person or business which undertakes to perform part or all of the obligations of another's contract, and a subcontract is a contract which assigns part of an existing contract to a subcontractor. A general contractor, prime contractor or main contractor may hire subcontractors to perform specific tasks as part of an overall project to reduce costs or to mitigate project risks. In employing subcontractors, the general contractor hopes to receive the same or better service than the general contractor could have provided by itself, at lower overall risk. The European Union has recognised the need to make provision for sub-contracting in its rules on public procurement, as arrangements for sub-contracting can support the EU's drive to involve more small and medium-sized undertakings in the provision of goods and services for the public sector. Definition United States public acquisition regulations contain a number of distinct definitions of "subcontract" an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brunel University
Brunel University of London (BUL) is a public research university located in the Uxbridge area of London, England. It is named after Isambard Kingdom Brunel, a Victorian engineer and pioneer of the Industrial Revolution. It became a university in June 1966, when Brunel College of Advanced Technology was awarded a royal charter and became Brunel University; it is sometimes considered a plate glass university. In 2014 the university formally adopted the name Brunel University London, and in 2024 became the University of London's 17th member, adopting the trading name Brunel University of London. Since 2014 the university has been organised into three colleges: the College of Business, Arts and Social Sciences; the College of Engineering, Design and Physical Sciences; and the College of Health, Medicine and Life Sciences. Brunel has over 16,000 students and 2,200 staff, and an annual income of £271.3 million (2021–22), of which £22.4 million was from research grants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sumpter V Hedges
''Sumpter v Hedges'' 8981 QB 673 is an English contract law case concerning substantial performance of a contract and restitution for unjust enrichment. Facts Mr Sumpter was a builder. He had a contract to build two houses and stables for Mr Hedges for £560. He did work valued at £333 and said he had to stop because he had no more money. Substantial payments on account have in fact been made to the builder. Hedges finished the building, using materials which Sumpter had left behind. Sumpter sued for the outstanding money. Bruce J found that Mr Sumpter had abandoned the contract, and said he could obtain money for the value of the materials but nothing for the work. Judgment The Court of Appeal found that Mr Sumpter had abandoned the building work and emphasised that it left Mr Hedges without any choice of whether to adopt the work. It held that Mr Hedges had to pay for the building materials that he used, but did not need to reimburse Mr Sumpter for the half-built structure ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
