quantum damnificatus

from Bouvier's Law Dictionary, Revised 6th Ed (1856)
QUANTUM DAMNIFICATUS, equity practice. An issue directed by a court of 
equity to be tried in a court of law, to ascertain by a trial before a jury, 
the amount of damages suffered by the non-performance of some collateral 
undertaking which a penalty has been given to secure. When such damages have 
thus been ascertained the court will grant relief upon their payment. Jer. 
on Jur. 477; 4 Bouv. Inst. n. 3913. 
    

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