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Quantum valebant : ウィキペディア英語版
Quantum valebant

''Quantum valebant''〔The term is a Latin phrase meaning——as much as they were worth.〕 is a common count at law very similar to ''quantum meruit''. The two legal actions differ only in that ''quantum meruit'' is used to recover the reasonable value of ''services'' rendered, while ''quantum valebant'' is used to recover the reasonable value of ''goods'' sold and delivered.〔See 1 Corbin on Contracts (rev. ed.1993) § 1.18, at p. 53 (footnote omitted).〕 The count is considered a type of assumpsit.〔See Joseph & Thomas Chitty, 1 ''A Treatise on the Parties to Actions, and on Pleading'', p. 760 (1837); ''Harn v, Patterson'', 58 Okla. 694, 160 P. 924, 926 (1916).〕
The California Supreme Court has held:

Although such an action is one at law, it is governed by principles of equity. It may be brought ‘wherever one person has received money which belongs to another, and which “in equity and good conscience,” or in other words, in justice and right, should be returned. . . . The plaintiff’s right to recover is governed by principles of equity, although the action is one at law.〔''Mains v. City Title Ins. Co.'', 34 Cal.2d 580, 586, 212 P.2d 873 (1949) (internal citations omitted).〕

An illustration of a case in which ''quantum valebant'' was allowed is (''In re Monitor Prods. Co.'' ).〔Decisions of the U.S. Comptroller General (July 27, 1976), No. B-182437〕 In that case, the U.S. Navy had entered into a contract for 160 electronic oscillator units at a specified price. The Navy later decided that it wanted 40 more units. Monitor, the subcontractor, told the Navy's project engineer that a substantial price increase
would be necessary for the additional 40 units as well as reimbursement for cost overruns which it was incurring in producing the initial 160 units; otherwise it would have to cease production. No additional formal contract was signed, but the project went ahead and 200 units were provided. The Navy declined to pay any additional amount, although Monitor insisted that it was induced to incur the additional costs by a representative of the Navy (the project engineer) who appeared to have the authority to commit the Government.
The Comptroller General's Office held that
the courts and our Office have recognized that in appropriate circumstances payment may be made for services rendered on a ''quantum meruit'' basis (the reasonable value of work or labor), or for goods furnished on a ''quantum valebat'' basis (the reasonable value of goods sold and delivered).

According to the ruling, the Navy ratified an agreement for the extra units and cost overrun. Therefore "Monitor's claim may be paid to the extent that the value of the items furnished exceeds any compensation which Monitor may have received from" the prime contractor for the work.
==References ==


抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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