Also known as: profit · gain
Written by attorneys · grounded in primary & secondary sources — see below
A Latin term for profit, especially from a business in Roman law. Historically, it refers to an acquisition by purchase as distinguished from inheritance.
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In ancient Rome, merchant Marcus Aemilius opens a locked storeroom at night. He enters intending to seize goods for resale at a profit. The entry satisfies the elements of theft while the goal remains quaestus from the stolen items.
Roman governor Lucius Cornelius serves a one-year provincial term. He receives no quaestus from local rulers during the term because custom bars acceptance of any profit or gift from foreign sources without senatorial consent.
Praetor Quintus Valerius receives an ex parte message from one litigant. He confirms no party will gain a procedural or substantive advantage and promptly notifies the others. The communication avoids any risk that one side could obtain quaestus through an unfair tactical edge.
Roman advocate Gaius Julius includes non-advocate clerks in his household compensation plan. The plan distributes payments based in part on firm profits. The arrangement permits quaestus sharing with staff without violating the prohibition on fee division with non-advocates.
Landowner Titus Flavius obtains a profit a prendre over neighboring woodland. The grant allows him to enter and remove timber for sale. The resulting quaestus belongs to the holder of the servitude rather than the servient owner.
Merchant Publius Scipio, a member of a joint trading venture, derives a benefit from using company property. He must account to the venture and hold any quaestus as trustee for the firm under the duty of loyalty.
Quaestus denotes profit, especially profit derived from a business. The term distinguishes purchased acquisitions from those obtained by descent.
…and to the environment which produced him, to repeat his crime whenever it pleases him. As a consequence, there will not be a gain, but a loss, in human dignity. The real concern is not the unfortunate consequences of this new decision on the criminal law as an abstract, disembodied series of authoritative…