Also known as: quantum damnificatum · measure of damages
Written by attorneys · grounded in primary & secondary sources — see below
A historical procedure in equity by which a court submits the determination of damages to a jury.
Quincy Quan contracted to build a warehouse for Quokka Apparel. After Quincy bought materials and hired workers, Quokka repudiated. In equity, the court submitted the quantum damnificatus to the jury so it could calculate Quincy's out-of-pocket costs minus any loss Quokka proved would have occurred anyway.
Quintina Qualls leased retail space from Quill Publishing and spent heavily on custom fixtures the landlord knew about in advance. When the landlord failed to deliver possession, the equity court sent the quantum damnificatus to the jury to value the lost leasehold and the foreseeable pre-default expenditures.
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Quade Quincy died after a defective product caused his injuries. His widow sued under the state wrongful-death statute. The equity court referred the quantum damnificatus to the jury so it could apply the statute's wording to fix the amount of recoverable loss.
Quiana Quach agreed to buy seasonal goods from Quintessential Goods at a fixed price. When the seller repudiated, Quiana bought replacements at a higher market price. Equity submitted the quantum damnificatus to the jury to measure the difference between market price and contract price plus incidental losses.
Quinley Quincy suffered repeated trespasses that damaged his land. He sought an injunction. The equity court first submitted the quantum damnificatus to the jury to decide whether money damages would adequately compensate the harm before ruling on injunctive relief.
Qubit Systems sold software to Quincy Quigley under a clause limiting remedies to repair or replacement. When the software failed, the equity court submitted the quantum damnificatus to the jury to determine whether the limited remedy had failed of its essential purpose and what damages then followed.
The phrase translates as how much damnified and historically named the damages issue an equity court referred to a jury.
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Equity courts lacked authority to award unliquidated damages and therefore submitted the factual quantification to a jury while retaining power to grant equitable relief.
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The procedure is obsolete in most jurisdictions, yet the underlying idea survives when courts ask juries to fix damages after equitable issues are resolved.
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When expectation profits are uncertain, an equity court could submit the quantum damnificatus so the jury could award reliance expenditures minus any proven loss the contract would have caused.
Yes. In an equitable proceeding involving goods, the court could refer the market-price differential or cover damages to the jury under the quantum damnificatus procedure.
…correct." Id., at 686-687, 144 So. 2d at 50-51. The court reaffirmed a statement in an earlier opinion that "There is no legal measure of damages in cases of this character." Id., at 686, 144 So. 2d, at 50. It rejected petitioners' constitutional contentions with the brief statements that "The First Amendment of the U. S.…