0

I often find the phrase "issue of quantum of" in the rulings made by the U.S courts like these:

The substance of the argument is that the court deciding the issue of quantum of damages would be better suited to decide the proper scale of costs.

He asked the court to determine the issue of fault ahead of the issue of quantum of damages.

However, on the issue of quantum of sentence, the High Court found favour with the submission made by the counsel for the appellant.

Could you kindly tell me what the phrase "the issue of quantum (of)" means? I looked up the phrase in the dictionary but I couldn't find any relevant information.

3
  • Read issue of as "question of" and independent of "quantum of". "The substance of the argument is that the court deciding the question of (the) quantum of damages would be better suited to decide the proper scale of costs." HTH. – Kris Nov 22 '19 at 13:39
  • 1
    Avoid saying “the below X” because this can sound stilted and even borderline unnatural to native speakers. Instead say “the following X” in especially formal written contexts, or merely this X” in the singular or these Xes” in the plural in many common and less exacting circumstances. Sometimes English-language learners don’t realize that they should use the demonstrative determiners this, that, these, those which native speakers customarily use for these cases. – tchrist Jan 25 '20 at 17:21
  • @tchrist thanks a lot! – user88310 Jun 14 '20 at 6:36
2

I believe in this case your confusion is probably due to the word quantum. One of the OED's definitions for quantum is as follows:

Total amount or quantity; … in later use chiefly law (with reference to amounts of money)

So here, quantum is being used in legal settings to discuss the amount of money (damages) or the length of the sentence. Issue simply refers to an important topic here. The first example you provided is simply positing that the proper scale of costs should be determined on the basis of whatever damages the court decides upon.

4
  • Thank you for your explanation, Taylor. However, I'm afraid your explanation may not fit into the sentence ""Accordingly, there is no need for me to deal with Springwell's appeal on the issue of quantum of the Post-Default Appeal.". Could you kindly elaborate more on this one? – user88310 Nov 22 '19 at 1:04
  • 2
    I had to go look for this specific case because context is clearly needed to get an appreciation for the full picture. In the introduction, "Post-Default claims" are mentioned. I'm guessing that a previous ruling was made, which struck down these Post-Default claims. No damages were thus awarded. The Post-Default appeal seems to be an appeal of the dismissal of these claims, which are monetary in nature. The judge found that the appeal was unfounded and as such is not going to entertain any judgment on the quantum of the appeal—in other words, the amount of damages. – Taylor Nov 22 '19 at 1:14
  • Taylor, I really appreciate your great explanation. – user88310 Nov 22 '19 at 4:40
  • Happy to help! Thank you for accepting my answer. – Taylor Nov 22 '19 at 16:35

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.