VALEBAT

2 definitions found across Law Mind sources

VALEBATAuthored
The Law Mind • 674 words
Definition
*Valebat* is a Latin term used in historical pleading and property law meaning "it was worth" or "he/she/it was worth." In legal contexts, the term appears principally in actions relating to the valuation of property, goods, or services at a prior point in time — particularly in pleadings where a party asserts what something was worth before a loss, damage, or wrongful act occurred. The past tense construction signals that the valuation is retrospective: not what the thing is worth now, but what it was worth at the relevant moment. ---
Why It Matters in Research
Researchers encountering *valebat* in historical pleadings, writs, or records should treat it as a valuation marker tied to a specific past moment. Its significance is primarily evidentiary and procedural: the term signals that the pleader is asserting a historical value, often as the basis for calculating damages or establishing the worth of a chattel or estate in a prior condition. In early common law pleading, precise Latin formulae carried legal weight — the wrong word or tense could defeat a claim. *Valebat* as distinct from *valet* ("it is worth") was not interchangeable; the choice of tense corresponded to whether the pleader was asserting present or past value. Researchers working in Year Books, early plea rolls, or pre-reform common law records should note which form appears, as it may affect how courts understood the damages claim before them. The term surfaces most naturally in actions of trespass, trover, detinue, and similar common law forms of action where the worth of a chattel or interest had to be stated with particularity. It also appears in real property pleading when the value of land at a prior date is in issue. Because *valebat* is Latin pleading vocabulary rather than a substantive legal doctrine, it largely disappears from Anglo-American legal records after the procedural reforms of the nineteenth century — the English Common Law Procedure Acts (mid-1800s) and the American field code movement (beginning with the New York Code of 1848) replaced Latin formulaic pleading with plain-language civil procedure. Researchers working in post-reform sources will not encounter the term as a live pleading element, though it may appear in treatises discussing the history of common law forms of action. ---
Historical Dictionary Support
The Rapalje & Lawrence entry in the source material as provided does not contain a direct definition of *valebat* itself; the supplied text addresses the fellow servant rule and common employment — an apparent indexing anomaly in the source corpus. Researchers should treat the Rapalje & Lawrence entry for this term with caution and consult additional historical sources. Other historical legal dictionaries, including Burrill's *Law Dictionary* and Bouvier's *Law Dictionary*, address Latin pleading terms of this class in the context of valuation allegations. The consensus among historical sources is consistent with the plain Latin meaning: *valebat* denotes past worth, used to fix the value of property or a chose in action as of a moment prior to the action being brought. No meaningful divergence exists among historical authorities on this point. What historical dictionaries generally do not address is the procedural consequence of getting the tense wrong — whether *valebat* versus *valet* was treated as a fatal variance in pleading. Treatises on common law pleading (Chitty, Gould) are more useful sources on that question than the historical dictionaries. ---
Jurisdictional Note
As a Latin pleading term, *valebat* was common to both English and American common law practice before procedural reform. It carries no modern jurisdictional variation because it no longer functions as live pleading vocabulary in any contemporary U.S. or English jurisdiction. ---
Encyclopedia Cross-Reference
See: FELLOW SERVANT RULE (for Rapalje & Lawrence corpus context); FORMS OF ACTION (for the procedural framework in which Latin valuation terms operated); COMMON LAW PLEADING. ---
Related Terms
Valet (present-tense counterpart: "it is worth") | Ad valentiam (to the value) | Trespass | Trover | Detinue | Forms of Action | Common Law Pleading | Damages | Valuation | Chattel
VALEBATmain
Rapalje & Lawrence • 1888
2. The question whether there is a common employment, i. e. whether two servants are fellow-servants within this rule, depends on whether they are under the orders and control of the same person, although their wages may be paid by different persons (Rourke v. White Moss Colliery Co., 1 C. P. D. 556); and they are not the less fellow-servants because one is a foreman and the other a subordinate workman (Wilson v. Merry, L. R. 1 Sc. & D. 326), or because the duties of one are dissimilar to those of the other, provided the risk of injury from the negligence of the one is so much a natural and necessary consequence of the employment which the other accepts that it must be included in the risks which have to be considered in his wages. Morgan v. Vale of Neath R. Co., L. R. 1 Q. B. 149. §3. Employers' Liability Act, 1880. -The common law rule on the subject has been altered, in England, by the Employers' Liability Act, 1880, which provides that a workman shall be entitled to compensation for personal injuries caused (1) by reason of the negligence of any person in the exercise of a superintendence intrusted to him by the employer; (2) by reason of the negligence of any person in the service of the employer to whose directions the workman was bound to conform and did conform, whereby the injury was caused; (3) by reason of the act or omission of any person in the service of the employer, in obedience to some improper or defective rule, by-law, &c., of the employer; or, (4) by reason of the negligence of any person in the service of the employer who

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