{"id":177133,"date":"2022-10-14T13:32:44","date_gmt":"2022-10-14T12:32:44","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=177133"},"modified":"2024-07-24T05:29:58","modified_gmt":"2024-07-24T04:29:58","slug":"what-is-quantum","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/disputes-litigation\/what-is-quantum\/","title":{"rendered":"What is Quantum in England?"},"content":{"rendered":"\n

You should be aware of the quantum stage of a claim in the event your business is involved in a dispute. Quantum refers to the monetary value the judge assigns to the loss you have suffered. In other words, quantum is the measure of how much the law values your loss. English contract law measures damages in a few different ways, so you may find it helpful to understand what is and is not recoverable. This article will explain what quantum is, and it will elaborate on how a court assesses the amount it will award the injured party.<\/span><\/p>\n\n\n\n

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To avoid lengthy and expensive disputes, it is important to have up-to-date legal contracts in place. Our contract lawyers can review and update your contracts to ensure your business is protected. Book a complimentary consultation today by filling out the form on this page.<\/p>\n<\/div>\n\n\n\n

What is the Quantum Stage?<\/span><\/h2>\n\n\n\n

Quantum (sometimes called quantum meruit) is the stage at which a court will assess how much money is to be awarded. The court assesses quantum after it has ruled on the merits of the claim. You have to win to move onto the quantum stage. Even if you win a case in court, the dispute will not always require an assessment on quantum. In certain instances, the parties will agree to a specified sum based on the terms of the contract. This is usually referred to as an ‘action for the agreed sum’. In these instances, the contract will usually specify the amount you can recover. <\/span><\/p>\n\n\n\n

For example, you may have a clause within your contract stating that the defaulting party will owe the other \u00a310,000. If this clause is in your contract, the court will not need to assess quantum. All it needs to do is determine that the other party is in breach. <\/span><\/p>\n\n\n\n

Similarly, you may have a liquidated damages clause in your contract. This is common in construction contracts, and it is usually a pre-agreed sum to be paid in the event that the work by the contractor is not completed by the specified completion date. <\/span><\/p>\n\n\n\n

How is Quantum Measured?<\/span><\/h2>\n\n\n\n

Where the contract does not have a liquidated damages clause or an action for an agreed sum is not relevant, the court decides quantum based on the laws of contract damages. <\/span><\/p>\n\n\n\n

There are several ways to measure damages. The general rule is that damages should put the innocent party back in the position they would have been if the contract been fulfilled. This is sometimes also called ‘expectation damages’. The award will put you in the same position you would have expected to have been in. <\/span><\/p>\n\n\n\n

Generally, you can claim for the monetary loss that you have suffered. This will include costs you incurred and any profits you did not obtain as a direct consequence of the breach. This amount has to be a reasonable sum. <\/span><\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n

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