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If we desire respect for the law, we must first make the law respectable.
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Legal Definitions - quod computet
Definition of quod computet
Quod computet is a Latin legal term that refers to the first judgment issued by a court in a specific type of lawsuit known as an "action of account." This initial judgment does not determine who owes what amount, but rather compels a defendant to formally present a detailed financial accounting of their activities before court-appointed auditors.
Essentially, when a court issues a quod computet judgment, it is ordering one party to open their books and provide a comprehensive, verifiable record of all relevant financial transactions, assets, and liabilities. This step is necessary to establish the facts before the court can make a final determination about any money owed.
Business Partnership Dispute: Imagine two business partners, Sarah and Tom. Sarah manages all the company's finances, while Tom handles operations. Tom begins to suspect that Sarah is not accurately reporting the company's income and expenses, leading to lower profits than expected. If Tom sues Sarah to demand a full financial review, the court's initial order requiring Sarah to produce all financial records and submit them to an independent auditor for verification would be a quod computet judgment. This judgment doesn't yet say Sarah owes Tom money, but it forces her to reveal the financial details.
Estate Management: Consider a situation where Mark is the executor of his deceased aunt's estate, responsible for managing her assets and distributing them to beneficiaries, including his cousin Lisa. Lisa believes Mark has been secretive about the estate's finances and suspects he hasn't properly accounted for all the assets or expenses. If Lisa takes legal action to compel Mark to provide a transparent breakdown of the estate's financial activities, the court's preliminary ruling demanding Mark present a full accounting to court-appointed auditors would be a quod computet judgment. This ensures all financial dealings are laid bare before any final decisions are made about the estate's distribution.
Property Management Agreement: A landlord, Ms. Chen, hires a property management company to oversee her rental properties, including collecting rent, paying bills, and arranging maintenance. After several months, Ms. Chen notices inconsistencies in the financial reports provided by the company and suspects they are not accurately reporting all income or expenses. If Ms. Chen files a lawsuit seeking clarity on the financial management, the court's initial decision compelling the property management company to submit a detailed, verified accounting of all transactions related to her properties to independent auditors would be a quod computet judgment. This allows for a thorough examination of the financial records before any liability is assigned.
Simple Definition
Quod computet is a Latin legal term meaning "that he account." It refers to the first judgment in an "action of account," where a court orders a defendant to provide a detailed financial accounting before appointed auditors.