Legal Definitions - quantum et quale

Quantum et quale is a Latin phrase that translates to "how much and of what kind?" or "to what extent and of what quality?" In legal contexts, this principle refers to the idea that certain evidence, testimony, or an agreement should be considered in a subsequent proceeding or situation with the same scope, nature, and effect as it originally possessed. It ensures that previously established facts, understandings, or the weight of evidence are not diminished or altered when revisited in a new context.

• Example 1: Expert Witness Testimony in a Retrial

  Imagine a complex patent infringement case where an expert witness provides extensive testimony, including detailed technical analysis and projections, during the initial trial. If the verdict is later overturned on appeal and a new trial is ordered, the parties might agree that the expert's testimony from the first trial can be admitted "quantum et quale" in the second trial. This means the entire scope of their previous testimony (how much) and its original evidentiary weight and nature (of what kind/quality) will be considered by the new jury or judge, without requiring the expert to testify again in person, unless new issues or questions arise.

• Example 2: Preservation of Contractual Terms During a Merger

  Consider two technology companies merging. Before the merger, one company had a critical software licensing agreement with a third-party vendor. To ensure business continuity, the merger agreement might explicitly state that all pre-existing contracts, including this software license, are to be honored "quantum et quale" by the newly formed entity. This signifies that the new company must uphold the license agreement to the full extent of its original terms and conditions (how much) and with the same legal force and effect (of what kind/quality) as it had before the merger, without any changes to its scope, obligations, or duration.

• Example 3: Use of Discovery Documents in Related Litigation

  In a large environmental lawsuit, thousands of documents are produced by a corporation during the discovery phase, detailing internal communications and scientific reports. If that lawsuit is settled, but a related, smaller lawsuit later arises between the same parties concerning a different aspect of the same environmental issue, the parties might agree that the documents produced in the first lawsuit can be used "quantum et quale" in the second lawsuit. This means the entire collection of previously disclosed documents (how much) and their original admissibility and relevance (of what kind/quality) are preserved for the new case, avoiding the need for redundant and costly re-production and re-authentication of the same materials.