Quominus is a legal term derived from Latin that was utilised in a 14th-century Exchequer writ. This writ was employed in cases where a plaintiff had loaned money to a defendant but was unable to repay a debt to the Crown due to the debt owed by the defendant. The plaintiff would feign being a debtor of the king who couldn’t settle the debt because of the defendant’s failure to repay them. This fictional scenario was referred to as the “quo minus” fiction. It allowed individuals to file a lawsuit in the king’s court to collect a private debt, pretending that it concerned the royal revenue. However, it was widely acknowledged that this was merely a fabrication, and the court did not permit the defendant to introduce other matters, such as a defence claiming that the plaintiff didn’t actually owe any taxes to the crown.
The term “Quominus” is a Latin term that was used in a 14th-century Exchequer writ. It was used to describe a situation where the plaintiff had lent the defendant a sum of money, but was unable to repay a debt of similar amount to the Crown because of the debt to the defendant. In simpler terms, the plaintiff claimed that they were unable to repay their debt to the government because the defendant had not repaid their debt to them.
For example, let’s say John borrowed $100 from Mary and promised to pay her back in a month. However, John also owed $100 to the government as taxes. When the time came to pay Mary back, John didn’t have the money because he had to pay his taxes. So, Mary sued John using the writ of quominus, claiming that she was unable to repay her own debt to the government because of John’s debt to her.
This example demonstrates how the writ of quominus was used to collect the royal revenue. It allowed citizens to sue in the court of the king in order to collect a private debt. The plaintiff had to claim that they were “less able” to pay the king when their debtors would not pay them. This fiction was used to maintain the illusion that the matter concerned the royal revenue. However, it was widely recognized that this was just a fiction, and that the suit was actually between the plaintiff and the defendant. Therefore, the defendant was not allowed to bring up other matters, such as a defence claiming that the plaintiff did not actually owe any taxes to the crown.
Quominus is a legal term that refers to a claim or action brought against someone for the purpose of restraining them from doing something.
Quominus is specifically used to seek an injunction or restraining order to prevent someone from engaging in a particular activity, whereas other legal actions may seek damages or other remedies.
Quominus can be used to restrain a wide range of activities, such as harassment, trespassing, defamation, copyright infringement, or breach of contract.
Any individual or entity that has a legal interest in preventing the activity in question can file a Quominus action. This can include individuals, businesses, organisations, or government entities.
To obtain a Quominus injunction, the party seeking the injunction must demonstrate that they have a valid legal claim, that irreparable harm will occur if the activity is not restrained, and that there is no adequate remedy available through other legal actions.
The duration of a Quominus injunction can vary depending on the specific circumstances of the case. In some cases, it may be temporary and only last until a final judgment is reached, while in other cases, it may be permanent.
Yes, a party who is subject to a Quominus injunction can appeal the decision to a higher court if they believe there was an error in the ruling.
If someone violates a Quominus injunction, they can be held in contempt of court, which may result in fines, imprisonment, or other penalties.
Yes, a Quominus injunction can be modified or lifted if the circumstances change or if the party subject to the injunction can demonstrate that it is no longer necessary or appropriate.
While it is possible to represent yourself in a Quominus action, it is generally recommended to seek the assistance of an experienced attorney who can navigate the legal complexities and increase your chances of success.
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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