lay damages
lay damages, vb. To allege damages, esp. in the complaint. See AD DAMNUM CLAUSE.
Search Results for: LAY DAMAGES
damages for delay
damages for delay 迟延损害赔偿金 １在判决中止执行保证书〔supersedeas bond〕中，指因上诉造成迟延而应向对方支付的法定损害赔偿金；２承运人因迟延运输和交付货物而应支付的损害赔偿金；３指因迟延支付国家征用财产的赔偿费而可获得的利息。
lay
lay, adj. 1. Not ecclesiastical; nonclerical. 2. Not expert, esp. with reference to law or medicine; nonprofessional. lay, n. Maritime law. A share of the profits of a fishing or whaling trip, akin to wages, allotted to the officers and seamen. [Cases: Seamen 28. C.J.S. Seamen §§ 109–112.] lay, vb. To allege or assert. “The
treble damages
treble damages 三倍的损害赔偿金 依据制定法的规定，对特定类型的案件处以相当于实际损害三倍的损害赔偿。例如美国《克莱顿法》〔Clayton Act〕第4节规定对违反反托拉斯法的违法行为处以三倍的损害赔偿。至于其性质,有的法院认为多支出的赔偿金是惩罚性的，而有的法院则认为它们只是补偿性的。
himalaya clause
Himalaya clause. Maritime law. A provision in a bill of lading extending the carrier’s defenses and limitations under the Carriage of Goods by Sea Act to third parties, typically employees, agents, and independent contractors. • The Supreme Court has held that this type of clause must be strictly construed. Robert C. Herd & Co. v.
liquidated damages clause
liquidated-damages clause. A contractual provision that determines in advance the measure of damages if a party breaches the agreement. • Traditionally, courts have upheld such a clause unless the agreed-on sum is deemed a penalty for one of the following reasons: (1) the sum grossly exceeds the probable damages on breach, (2) the same sum
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interest as damages
Interest allowed by law in the absence of a promise to pay it, as compensation for a delay in paying a fixed sum or a delay in assessing and paying damages. Cf. conventional interest.
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accumulatio actionum
accumulatio actionum ([schwa]-kyoom-y[schwa]-lay-shee-oh ak-shee-oh-n[ schwa]m). [Law Latin] Scots law. The accumulation of actions, which was permitted only in certain circumstances, as when a widow and her children jointly sued to recover damages for the husband’s and father’s death.
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frivolous appeal
An appeal having no legal basis, usu. filed for delay to induce a judgment creditor to settle or to avoid payment of a judgment. • Federal Rule of Appellate Procedure 38 provides for the award of damages and costs if the appellate court determines that an appeal is frivolous. Fed. R. App. P. 38. [Cases: