office. 1. A position of duty, trust, or authority, esp. one conferred by a governmental authority for a public purpose (the office of attorney general). [Cases: Officers and Public Employees 1. C.J.S. Officers and Public Employees §§ 1–9, 12–17, 21.] 2. (often cap.) A division of the U.S. government ranking immediately below a department (the […]
Civil law. An inter vivos gift made to compensate a person for services rendered. • It is not a gift unless the value of the property given is more than twice as much as the value of the services. La. Civ. Code arts. 1525, 1526.
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Torts. A necessity that involves only the defendant’s personal interest and thus provides only a limited privilege. • For example, if the defendant harms the plaintiff’s dock by keeping a boat moored to the dock during a hurricane, the defendant can assert private necessity but must compensate the plaintiff for the dock’s damage. [Cases: Negligence
A share of either production or revenue from production (free of the costs of production) carved out of a lessee’s interest under an oil-and-gas lease. • Overriding-royalty interests are often used to compensate those who have helped structure a drilling venture. An overriding-royalty interest ends when the underlying lease terminates. [Cases: Mines and Minerals 74.
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valor maritagii (val-[schwa]r mar-[schwa]-tay-jee-I). [Latin] Hist. The value of a marriage. • Under ancient tenures, this was the amount that a female ward forfeited to a guardian when the guardian had offered her a marriage without disparagement (inequality), and she refused. In feudal law, the guardian in chivalry had the right of tendering to a
compensatory payment. Family law. A postmarital spousal payment made by the richer ex-spouse to the poorer one and treated as an entitlement rather than as a discretionary award. • Compensatory payments are set by statute and are based on a formula using the length of the marriage, differences in postdivorce income, role as primary caregiver,
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scalam (skay-l[schwa]m), n. [Latin] Hist. Scale. • Ad scalam was the method of paying money to the Exchequer, in which sixpence was added to each 20 shillings to compensate for a deficiency in weight, although no scales were actually used.
quantum meruit (kwon-t[schwa]m mer-oo-it). [Latin “as much as he has deserved”] 1. The reasonable value of services; damages awarded in an amount considered reasonable to compensate a person who has rendered services in a quasi-contractual relationship. 2. A claim or right of action for the reasonable value of services rendered. [Cases: Implied and Constructive Contracts
A lease of a mine or mining claim, in which the lessee has the right to work the mine or claim, usu. with conditions on the amount and type of work to be done. • The lessor is compensated in the form of either fixed rent or royalties based on the amount of ore mined.
compensable (k[schwa]m-pen-s[schwa]-b[schwa]l), adj. Able or entitled to be compensated for (a compensable injury). — Also termed recompensable.