Quantum Meruit

• Quantum meruit is a Latin phrase meaning "what one has earned".

• In the context of contract law, it means something along the lines of
"reasonable value of services".
• The law dictates that:
 a promise to compensate a fair sum
for the labor and the goods provided
 exists
 even in the absence of a particular contract.
Example
Mrs. Tripathi hires a tutor to help her son, Rahul, in computer.
Now, during the lessons, Mrs. Saxena’s son, Rishav, friend to Rahul, is also
present on a daily basis.
Rishav gains a lot from the lessons. Mrs. Saxens knows this. But she
feels that it is just an informal arrangement.

She has not told the tutor to train his son, and that the tutor is doing it know
ingly.
At the end of the month, when the tutor demands money from Mrs.
Saxena’s son as well, she is obligated by law, as per quantum merit, to pay
the tutor his fees.
Pro Rata
In proportion.
Eg.:
The company divided the profit among its shareholders on a pro rata
basis, i.e., according to the number of shares held by each.
Ratio Legis

• The reason for the existence of a law.

• Many, if not all laws are brought in to respond to situations

that exist at the time of the law.

• Society evolves, and the time comes when a law, though existing in
law-books, has no relevance to modern society.
Example

• Martial law declared in a time of crisis quickly loses relevance when

the society calms down, or the crisis goes away.

• The reason for a law ceasing, the law itself ceases.

• This is called Cessante ratione legis, cessat ipsa lex.

Cease Reason / Cease
law itself law
cause
Res Gestae
• Res = things. Meaning: “Things done”
• It is an exception to the rule on hearsay.
• Hearsay means statements made outside court. Generally, one
cannot use them as evidence in the court.
• Res gestae is an exception to this rule on hearsay. The court accepts
statements made outside its premises, if they are made by the defendant or
the litigator during or immediately after the litigated action.
• Based on the belief that certain statements are made naturally and
spontaneously, without deliberation, during the course of an event.
There is little scope for misunderstanding /misinterpretation by the hearer
.
Example
Nihar is standing in the queue of a supermarket in front of the
billing counter.
Suddenly she sees a man running past her, through the exit-gate, at top speed.
At the same time, she hears the manager, chasing the man, yelling:
“STOP! Shop Lifter!”
The manager finally catches the man, and the latter is brought to trial eventually.
Now, Nihar is called as witness to give evidence to what she has heard.
By just admitting that she has heard the statement ‘Stop! Shoplifter’ while looking
at the running man, she would provide evidence to court regarding the man’s guilt.
Res Ipsa Loquitor

• Res = thing. Ipso = itself. Loquitor = Speaker

“The thing speaks for itself”.

• The mere occurrence of an accident may be recognized as

the indicator of negligence.

Example
Spectators are watching a basketball game in a high school playground. They
are sitting on bleachers (gallery-benches).
The bleachers collapse, injuring the spectators.
The spectators file a personal injury action against the high school, which
built and maintained the bleachers.
However, the spectators are unable to determine why the bleachers
collapsed.
Therefore, the spectators cannot prove that the school was negligent in any
particular way.
In such a case, a court may invoke the legal doctrine of "res ipsa loquitur.”
and relieves the plaintiff / spectators the burden of proving any specific act
of negligence on the part of the defendant / the high school authorities.
Res Nullius

• Meaning ‘nobody’s thing’. Res nullius is ownerless property.

So it can be owned by any person who claims it first.

• Res nullius includes wild animals and abandoned property.

• Res nullius also refers to the principle of taking over un-claimed territory.

This is known as terra nullius.

It was invoked by European countries to colonize Africa.

Inter Vivos transfer
Inter vivos (Between the Living)

It is a legal term, referring to transfer of gift made during one’s life-time For example, Mr.
Patil decides to gift his farm-house to an NGO.
If the act of gifting gets completed on papers, and

the NGO accepts it as well,

the said building will no longer be MrPatil’s property.

Therefore, when he dies, his relatives cannot count the gifted building as one of his estates
to be put up in will.
Conditions for Inter Vivos
Inter vivos transfer cannot be revoked.
Inter vivos transfer becomes legal if:
a) You intend to gift a property, voluntarily
b) You act gratuitously; i.e. without the expectation
of any return benefit.
c) You actually transfer the property, and
d) The other person accepts the transferred property.
Sui Juris (Self determination)
• One who is capable of managing his/her own affairs.
• He/she is capable of assuming legal responsibility of his/her acts.

• It is the opposite of Alieni Juris, or a person who is not capable of

assuming legal responsibilities for his/her action, like, a child; or,
a mentally unstable person.
Stare Decisis
Stare Decisis is the Latin for “To stand by Things Decided (before).”
In short, it is the doctrine of the precedent.
Precedent is a legal principle or rule that is created by a court-decision.
This decision becomes an example for judges deciding on
similar issues later.
Courts cite stare decisis when an issue has been previously brought to
the court and a ruling already issued.
The doctrine of precedent is expressly incorporated in India by Article
141 of the Constitution of India, 1950.
Article 141 states that…

… the decisions of the Supreme Court are binding on all courts within
the territory of India.

By convention, the decisions of a High Court are binding on all lower

courts within the territorial jurisdiction of that High Court.

Similarly, a decision of the higher Bench, is binding on the lower Bench

Solatium
Meaning ‘in solace’.
The damages awarded to a plaintiff as compensation for a personal
suffering or grief, arising from an injury.
Solatium basically compensates for a person’s emotional suffering from
loss of asset, or death of kins due to disaster or natural calamity.
In terms of real estate, the loss of asset happens when the government acqu
ires a private property or land to develop an infrastructure or residential pro
ject.
In most countries, ownership of land is seen as a matter of family history &
pride. It is considered that the market price given to the land owner when
his land is acquired, may not be appropriate.
Thus, an additional amount is given as solatium, to compensate the
emotional loss of the asset.