Legal Definitions - quod recuperet

Quod recuperet is a historical legal term derived from Latin, meaning "that he do recover." In past legal systems, it referred to the standard judgment issued by a court in favor of a plaintiff (the party who initiated the lawsuit). This type of judgment declared that the plaintiff was entitled to receive a remedy, such as monetary compensation or the return of property, from the defendant. It essentially confirmed the plaintiff's right to recover what they sought in the lawsuit, though the exact amount or specific remedy might still need to be determined.

• Example 1: Contract Breach

  A small business owner, Ms. Chen, sued a supplier for failing to deliver critical components on time, causing her significant financial losses. After reviewing the evidence, the court determined that the supplier had indeed breached their contract with Ms. Chen. The judgment issued by the court would historically be termed quod recuperet, signifying that Ms. Chen was entitled to recover damages from the supplier for the harm caused by the breach.

• Example 2: Property Dispute

  Mr. Davies filed a lawsuit against his neighbor, claiming that a section of his property had been unlawfully encroached upon and fenced off by the neighbor. After a trial, the judge ruled in favor of Mr. Davies, confirming his rightful ownership of the disputed land. This court decision, in historical legal terms, would be a quod recuperet judgment, establishing Mr. Davies' right to recover possession of his property.

• Example 3: Debt Collection

  A bank initiated legal action against a borrower who had defaulted on a significant loan. The court reviewed the loan agreement and payment records and found that the borrower was indeed in default. The court's ruling, declaring that the bank was entitled to collect the outstanding debt from the borrower, would be an example of a quod recuperet judgment, affirming the bank's right to recover the money owed.