quia timetadv.adj.n.

Brit.

/ˈkwiːə ˈtɪmɛt/, U.S.

/ˈkwiə ˈtɪmᵻt/

Origin: A borrowing from Latin. Etymons: Latin quia, timet.

Etymology: < classical Latin quia because (originally an accusative neuter plural of quis , interrogative pronoun: see quis pron.) + timet, third person singular present indicative of timēre to fear (see timid adj.). The phrase quia timet was probably used earlier in post-classical Latin, but this has not been traced.

Law.

A. adv.

So as to prevent a probable future injury.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > a lawsuit > other types of action

mort d'ancestora1325

trespass on the case1429

action of detinue1467

mortancestry1471

replevin1515

non-finding1525

nisi prius1533

faint action1542

interpleadera1558

improbationc1575

assize1577

assumpsit1586

transitory action1594

trover1594

suit of the King's peace1607

detinuea1626

quia timet1628

choke-baila1637

reprobator1672

spulyie1678

petitory action1681

proprium1695

restitution of conjugal rights1720

amicable suit1768

noxal action1774

real action1818

witness action1892

class suit1894

non-jury1897

foreclosure action1905

class action1910

derivative action1934

paternity suit1945

1628 E. Coke 1st Pt. Inst. Lawes Eng. ii. vi. 100 There be 6. Writs in Law that may be maintained quia timet, before any molestation, distresse, or impleading.

1732 W. Bohun Eng. Lawyer 62 One may have this Writ before he be damnified, quia timet.

1811 Times 31 Oct. 3/2 A licence is in many cases granted when it is not absolutely wanted, quia timet.

1870 Law Rep.: Queen's Bench 4 274 Protesting..against this being taken as a precedent for the interference of the Court, when the application is merely quia timet.

1967 Mod. Law Rev. 30 213 The plaintiffs would have been less sure of the relief they in fact obtained quia timet on the basis of the possibility of future injury by inducing breach of contract.

B. adj.

Of an action, injunction, bill, etc.: brought or granted so as to prevent a probable future injury.In earlier use frequently as postmodifier.

ΚΠ

1697 Cases Argued & Decreed in High Court of Chancery 223 The Court answered, that Suits quia timet only were proper in Law and Equity.

1760 G. E. Howard Treat. Rules & Pract. Equity Side of Exchequer in Irel. I. 341 Where a Man may be injured by another's neglecting or refusing to do what he is bound to do,..a Bill quia timet is proper.

1815 H. Maddock Treat. Princ. & Pract. Chancery I. ii. 178 The denomination of Bills Quia Timet was borrowed, probably, from the Title of some ancient Writs at the Common Law.

1940 Mod. Law Rev. 4 142 There is no reason why a quia timet injunction should not be granted.

1991 Industr. Law Jrnl. 20 287 Damages for an expulsion could not be assessed until it is known that the applicant would naturally interfere with the union's appeal process. Hence there can be no ‘quia timet’ declaration to halt the process.

C. n.

The principle by which an action, injunction, bill, etc., may be brought or granted quia timet; a quia timet action, injunction, bill, etc.

ΚΠ

1886 Times 24 Sept. 8 The case is one..to which the principle of quia timet would be applicable.

1914 Gettysburg (Pa.) Compiler 17 Jan. 1/6 There was a hearing of the equity case of Reaser and Henry vs. Walter of the nature of quia timet.

1937 Harvard Law Rev. 50 548 The remaining eight chapters are devoted to..bills of peace; interpleader; quia timet and removal of cloud on title;..and auxiliary and ancillary relief.

1986 Law Rep.: Queen's Bench Div. (Lexis) 7 Nov. Smith and his companies immediately launched proceedings.., and a quia timet in respect of the threatened breach of the undertaking in clause 5.

2000 Lawyers Weekly (Nexis) 17 Nov. The bid for quia timet failed, for the same reasons.

This entry has been updated (OED Third Edition, December 2007; most recently modified version published online March 2022).

单词	quia timet
释义	quia timetadv.adj.n. Brit. /ˈkwiːə ˈtɪmɛt/, U.S. /ˈkwiə ˈtɪmᵻt/ Origin: A borrowing from Latin. Etymons: Latin quia, timet. Etymology: < classical Latin quia because (originally an accusative neuter plural of quis , interrogative pronoun: see quis pron.) + timet, third person singular present indicative of timēre to fear (see timid adj.). The phrase quia timet was probably used earlier in post-classical Latin, but this has not been traced. Law. A. adv. So as to prevent a probable future injury. ΘΚΠ society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > a lawsuit > other types of action mort d'ancestora1325 trespass on the case1429 action of detinue1467 mortancestry1471 replevin1515 non-finding1525 nisi prius1533 faint action1542 interpleadera1558 improbationc1575 assize1577 assumpsit1586 transitory action1594 trover1594 suit of the King's peace1607 detinuea1626 quia timet1628 choke-baila1637 reprobator1672 spulyie1678 petitory action1681 proprium1695 restitution of conjugal rights1720 amicable suit1768 noxal action1774 real action1818 witness action1892 class suit1894 non-jury1897 foreclosure action1905 class action1910 derivative action1934 paternity suit1945 1628 E. Coke 1st Pt. Inst. Lawes Eng. ii. vi. 100 There be 6. Writs in Law that may be maintained quia timet, before any molestation, distresse, or impleading. 1732 W. Bohun Eng. Lawyer 62 One may have this Writ before he be damnified, quia timet. 1811 Times 31 Oct. 3/2 A licence is in many cases granted when it is not absolutely wanted, quia timet. 1870 Law Rep.: Queen's Bench 4 274 Protesting..against this being taken as a precedent for the interference of the Court, when the application is merely quia timet. 1967 Mod. Law Rev. 30 213 The plaintiffs would have been less sure of the relief they in fact obtained quia timet on the basis of the possibility of future injury by inducing breach of contract. B. adj. Of an action, injunction, bill, etc.: brought or granted so as to prevent a probable future injury.In earlier use frequently as postmodifier. ΚΠ 1697 Cases Argued & Decreed in High Court of Chancery 223 The Court answered, that Suits quia timet only were proper in Law and Equity. 1760 G. E. Howard Treat. Rules & Pract. Equity Side of Exchequer in Irel. I. 341 Where a Man may be injured by another's neglecting or refusing to do what he is bound to do,..a Bill quia timet is proper. 1815 H. Maddock Treat. Princ. & Pract. Chancery I. ii. 178 The denomination of Bills Quia Timet was borrowed, probably, from the Title of some ancient Writs at the Common Law. 1940 Mod. Law Rev. 4 142 There is no reason why a quia timet injunction should not be granted. 1991 Industr. Law Jrnl. 20 287 Damages for an expulsion could not be assessed until it is known that the applicant would naturally interfere with the union's appeal process. Hence there can be no ‘quia timet’ declaration to halt the process. C. n. The principle by which an action, injunction, bill, etc., may be brought or granted quia timet; a quia timet action, injunction, bill, etc. ΚΠ 1886 Times 24 Sept. 8 The case is one..to which the principle of quia timet would be applicable. 1914 Gettysburg (Pa.) Compiler 17 Jan. 1/6 There was a hearing of the equity case of Reaser and Henry vs. Walter of the nature of quia timet. 1937 Harvard Law Rev. 50 548 The remaining eight chapters are devoted to..bills of peace; interpleader; quia timet and removal of cloud on title;..and auxiliary and ancillary relief. 1986 Law Rep.: Queen's Bench Div. (Lexis) 7 Nov. Smith and his companies immediately launched proceedings.., and a quia timet in respect of the threatened breach of the undertaking in clause 5. 2000 Lawyers Weekly (Nexis) 17 Nov. The bid for quia timet failed, for the same reasons. This entry has been updated (OED Third Edition, December 2007; most recently modified version published online March 2022). < adv.adj.n.1628
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