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.
interest as damages Read More »
Search Results for: interest as damages
interest by way of damages
interest by way of damages 延期支付利息 对因非法(不论违约或侵权)延期支付金钱所致的利息损失获得的赔偿，这种赔偿只能通过诉讼获得。 (=moratory interest)
interest by way of damages Read More »
expectation interest
The interest of a nonbreaching party in being put in the position that would have resulted if the contract had been performed. See expectation damages under DAMAGES; BENEFIT-OF-THE-BARGAIN RULE. [Cases: Damages 117; Fraud 59(2).]
expectation interest Read More »
conventional interest
Interest at a rate agreed to by the parties themselves, as distinguished from that prescribed by law. Cf. interest as damages. [Cases: Interest 4, 32. C.J.S. Interest and Usury; Consumer Credit § 9, 38.]
conventional interest Read More »
reliance interest
The interest of a nonbreaching party in being put in the position that would have resulted if the contract had not been made, including out-of-pocket costs. [Cases: Damages 117.]
prejudgment interest
Statutorily prescribed interest accrued either from the date of the loss or from the date when the complaint was filed up to the date the final judgment is entered. • Prejudgment interest is usu. calculated only for liquidated sums. Depending on the statute, it may or may not be an element of damages. — Also
prejudgment interest Read More »
elegit
elegit ([schwa]-lee-jit). [Latin “he has chosen”] Hist. A writ of execution (first given by 13 Edw., ch. 18) either upon a judgment for a debt or damages or upon the forfeiture of a recognizance taken in the king’s court. • Under it, the defendant’s goods and chattels were appraised and, except for plow beasts, delivered
drilling contract
Oil & gas. A well-drilling agreement between a drilling contractor, who owns drilling rigs and associated equipment, and the owner or lessor of the mineral rights. • The contract spells out the rights and duties of the parties. In general, the more control the interest-owner retains over the contractor, the more liability the owner is
total offset rule
total-offset rule. Torts. A theory of damages holding that the eroding effect of inflation offsets the accrual of interest on an award and makes it unnecessary to discount future damages to their present value.
sue and labor clause
Marine insurance. A provision establishing that the marine insurer will cover the costs incurred by the insured in protecting the covered property from damage or minimizing actual damages to the property. • The clause generally requires the insurer to “sue and labor” to protect the insured party’s interests. — Also termed rescue clause. [Cases: Insurance
sue and labor clause Read More »