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''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:
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)』 ■ウィキペディアで「Quantum valebant」の詳細全文を読む スポンサード リンク
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