Back in the past, when one person owed money to another, the initial step was to establish if there was indeed a debt and, if so, the exact amount owed. This process was referred to as “certum an et quantum debeatur.” It was crucial to determine this before the defendant could present a plea for compensation.
Certum an et quantum debeatur? is a Latin legal term that refers to the two questions that must be answered before a defendant can make a plea in compensation. It means determining whether there is a debt due at all (certum an) and, if so, how much is owed (quantum debeatur). For example, if John owes Jane money but they disagree on the amount, the court must first determine if there is a debt due at all. If there is, the court must then determine the specific amount owed. Only after these two questions are resolved can John make a plea in compensation.
“Certum an et quantum debeatur” is a Latin phrase that translates to “whether and how much is owed.” It refers to a legal principle that determines the certainty and amount of a debt or obligation.
In contract law, “certum an et quantum debeatur” is used to determine the exact amount of money or performance owed under a contract. It helps establish the certainty and quantifiability of the obligations between parties.
When determining “certum an et quantum debeatur” in a contract dispute, factors such as the terms of the contract, any applicable laws or regulations, the intent of the parties, and any relevant evidence are considered.
Yes, “certum an et quantum debeatur” can be applied to both monetary and non-monetary obligations. It helps establish the certainty and quantifiability of any obligation under a contract or legal agreement.
If the amount owed is not certain or quantifiable, it may lead to a dispute between the parties involved. In such cases, a court or arbitrator may need to intervene to determine the exact amount owed based on the principles of “certum an et quantum debeatur.”
Yes, parties to a contract can waive or modify the principles of “certum an et quantum debeatur” through mutual agreement. However, any such waiver or modification should be clearly stated in the contract and agreed upon by all parties involved.
In a legal claim, “certum an et quantum debeatur” helps determine the amount of damages that should be awarded to the injured party. It ensures that the damages awarded are certain and quantifiable based on the evidence and applicable laws.
While “certum an et quantum debeatur” is primarily used in contract law and civil cases, it may also have some relevance in criminal cases. For example, it can be used to determine the amount of restitution owed by a convicted defendant.
There may be exceptions to the application of “certum an et quantum debeatur” depending on the specific circumstances and laws governing the contract or legal obligation. It is important to consult with a legal professional to understand any potential exceptions.
To ensure “certum an et quantum debeatur” is properly applied in your legal matter, it is advisable to seek the guidance of an experienced attorney. They can help analyze your specific situation, interpret relevant laws, and advocate for your rights and interests.
This 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: 17th April 2024.
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