Actio Aestimatoria:
A legal term referring to a type of action or lawsuit in Roman law, specifically in the context of contract law. This action allows the injured party to claim damages based on the estimated value of the loss suffered, rather than the actual loss incurred. It is typically used when the actual loss is difficult to quantify or when the injured party seeks compensation beyond the actual damages suffered.
Actio Quantiminoris:
A legal term originating from Roman law, specifically in the context of contract law. This action allows the injured party to claim damages for a breach of contract based on the smallest or minimum amount of loss suffered. It is typically used when the actual loss is minimal or insignificant, but the injured party still seeks compensation for the breach. The purpose of this action is to provide a remedy for even the slightest breach of contract, ensuring that the injured party is not left without any recourse.
Actio aestimatoria and actio quanti minoris are two types of legal actions in Roman law and civil law systems.
Actio aestimatoria is a legal action that allows a party to claim damages for the decrease in value of their property due to the actions of another party. This action is typically used in cases where the value of the property has been diminished, such as through damage or destruction.
Actio quanti minoris, on the other hand, is a legal action that allows a party to claim a reduction in the price of a transaction due to a defect in the property or goods being sold. This action is typically used in cases where the value of the property or goods is less than what was originally agreed upon.
Both of these legal actions are important tools for parties to seek compensation or a reduction in price when their property or goods have been affected by the actions of another party.
Q1: What is Actio Aestimatoria? A1: Actio Aestimatoria is a legal term used in Roman law to refer to an action for damages based on the estimated value of the loss suffered by the plaintiff. Q2: What is Actio Quantiminoris? A2: Actio Quantiminoris is another legal term used in Roman law to refer to an action for damages based on the estimated value of the loss suffered by the plaintiff, but in this case, the damages claimed are minimal. Q3: What is the purpose of Actio Aestimatoria? A3: The purpose of Actio Aestimatoria is to provide a legal remedy for the plaintiff to claim damages for the estimated value of the loss suffered due to the defendant’s actions or negligence. Q4: When can Actio Aestimatoria be used? A4: Actio Aestimatoria can be used when the plaintiff has suffered a loss that can be estimated in monetary terms, and the defendant’s actions or negligence are the cause of that loss. Q5: What is the difference between Actio Aestimatoria and Actio Quantiminoris? A5: The main difference between Actio Aestimatoria and Actio Quantiminoris is the amount of damages claimed. Actio Aestimatoria allows the plaintiff to claim damages based on the estimated value of the loss suffered, while Actio Quantiminoris allows the plaintiff to claim minimal damages. Q6: Can Actio Aestimatoria be used for non-monetary losses? A6: No, Actio Aestimatoria is specifically used for claiming damages in monetary terms. If the loss suffered is non-monetary, a different legal action may be required. Q7: What is the burden of proof in Actio Aestimatoria? A7: In Actio Aestimatoria, the burden of proof lies with the plaintiff to establish the estimated value of the loss suffered and prove that the defendant’s actions or negligence caused that loss. Q8: Are there any limitations on using Actio Aestimatoria? A8: Yes, there may be limitations on using Actio Aestimatoria, such as statutes of limitations or specific requirements set by the legal system in which the action is being pursued. It is advisable to consult with a legal professional to understand the
DismissThis site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/actio-aestimatoria-actio-quantiminoris/
- Modern Language Association (MLA):Actio Aestimatoria Actio Quantiminoris. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/actio-aestimatoria-actio-quantiminoris/.
- Chicago Manual of Style (CMS):Actio Aestimatoria Actio Quantiminoris. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/actio-aestimatoria-actio-quantiminoris/ (accessed: May 09 2024).
- American Psychological Association (APA):Actio Aestimatoria Actio Quantiminoris. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/actio-aestimatoria-actio-quantiminoris/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts