Legal Terms ( Q )

Qualified Immunity: A legal doctrine that is used to protect state and federal officials from liability of civil damages, in case of violation of an individual’s federal constitutional rights, of which a reasonable person would have known. The defense of qualified immunity is developed by the US Supreme Court, in order to shield and protect state and federal officials from the fear of litigation while performing discretionary functions, entrusted to them by law. So, even if a violation of a constitutional right has occurred, the official will be protected, if the said right was not clearly established or the official could have reasonably believed that his conduct was lawful.

Qualified Privilege: This legal term is used to denote a defense in defamation actions, according to the specific occasions, which give rise to the defamatory statement from the defendant. A qualified privilege is available, only when the defamatory statement comes under these specific occasions, like a statement made in good faith without malice, or the defendant has an interest or duty to make such a statement and the plaintiff has a corresponding interest or duty to receive that statement.

Quantum Meruit: A Latin term, which means, “as much as he deserved”. This is a legal principle that determines the actual value of goods exchanged or services rendered. When a person hires another to do some work and the contract is not completed or rendered non-performable, the employee can sue the employer for the services rendered. The law implies a promise from the employer to the employee that he will pay him for the services rendered as he may deserve or merit. If there is an express contract, the employee cannot sue the employer for a quantum meruit, but in case of failure of consideration, this principle can be used.

Quasi-contract: An obligation created by an order of the court and not by an agreement between the parties. A quasi-contract is created by a court, in a dispute regarding payment or service, when one party is getting some unjust enrichment.

Quid Pro Quo: A Latin term which literally means, “something for something”. This concept of getting something of value in return of giving something of value is similar to the contractual concept of consideration.

Quit Claim Deed: The deed through which a person relinquishes his right or a right he may have in the future, over a property and transferring the right to some other person is called a quit claim deed. A quit claim deed does not guarantee that the title of the grantor (person granting the right) is clear. Read more on how to file a quit claim deed.

Quo Warranto: A type of writ, which literally means, “by what warrant or authority”? This writ is used to challenge the authority of a public official or a corporation to exercise a particular power.

 

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