recompense(redirected from Recompenser)
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recompensethe Scots term for the obligation to pay for services in the absence of contract or, indeed, an as yet unrecognized general enrichment action. An aspect of the law of RESTITUTION and founded upon the civil law, the remedy is to make the recipient of the work done or services rendered disgorge the value to the recipient of the work (in quantum lucratus). This can be, and usually will be, less than the contract price and indeed may be less than would be due under an implied contract, which would allow recovery QUANTUM MERUIT - for the market value of the services. The service must usually be done without an intention to donate. If rendered in error, then recovery is assisted, but it is unlikely that error is required.
RECOMPENSE. A reward for services; remuneration for goods or other property.
2. In maritime law there is a distinction between recompense and restitution. (q.v.) When goods have been lost by jettison, if at any subsequent period of the voyage the remainder of the cargo be lost, the owner of the goods lost by jettison cannot claim restitution from the owners of the other goods; but in the case of expenses incurred with a view to the general benefit, it is clear that they ought to be made good to the party, whether he be an agent employed by the master in a foreign port or the ship owner himself.