Legal Definitions - merces

In Roman law, merces refers to a payment or reward, encompassing two distinct scenarios:

• An agreed-upon payment for goods or services under a contract. This is the compensation established in advance for the use of property or for work performed, similar to modern concepts of rent, hire, or a fee for services.

  • Example 1: A homeowner hires a professional landscaper to design and install a new garden. They sign a contract specifying that the landscaper will receive $5,000 upon completion of the project. This $5,000 is the merces, as it is an agreed payment for a specifically contracted service.

    Explanation: The payment is pre-arranged and part of a formal agreement for a defined service, directly aligning with the first meaning of merces as a contractual payment.

  • Example 2: A business owner leases office space in a commercial building. Their agreement stipulates a monthly rent payment of $2,000. This recurring $2,000 payment is the merces for the use of the office space.

    Explanation: Here, the payment for the use of property (the office space) is agreed upon in advance and paid periodically, fitting the definition of merces as rent or hire.

• A reward or recompense given for a service performed without a prior agreement or expectation of payment. This applies when someone voluntarily provides a helpful service, and the recipient later offers a payment out of gratitude.

  • Example 3: A person's car breaks down on a remote road, and a passing stranger stops to help, spending hours to fix the issue and get the car running again. The grateful car owner, without any prior discussion of payment, later insists on giving the stranger $200 for their time and effort.

    Explanation: The $200 is a merces because it is a reward given *after* a gratuitous (voluntary and unpaid) service was rendered, without any prior agreement or obligation for payment.