Hist. Trespass by one’s cattle or other animals on another’s land, as a result of which the other might either distrain them damage feasant or sue for trespass in the local courts. • At first (from the early 13th century) this type of trespass applied only to intentional trespass by the keeper of the cattle, […]
one-satisfaction rule. The principle that a plaintiff is entitled to only one recovery for a particular harm, and that the plaintiff must elect a single remedy if the jury has awarded more than one. • This rule is, for example, one of the foundations of a defendant’s right to have a jury verdict reduced by
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eggshell-skull rule. Torts. The principle that a defendant is liable for a plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligent or intentional act. • Under this rule, for example, if one person negligently scrapes another who turns out to be a hemophiliac, the negligent defendant is liable for the full extent of the plaintiff’s
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commercial tort claim. A claim arising in tort when the claimant is either (1) an organization, or (2) an individual whose claim arose in the course of the claimant’s business or profession, and the claim does not include damages arising out of personal injury or death. UCC § 9-102(a)(13).
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Securities. The defense that part of the plaintiff’s damages were caused by factors other than the depreciation in value of the securities resulting from registration-statement defects. • If negative causation is proved, the plaintiff’s damages should be reduced. 15 USCA § 77k(e). [Cases: Securities Regulation 25.21(5). C.J.S. Securities Regulation § 89.]
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limitation-of-liability act. A federal or state law that limits the type of damages that may be recovered, the liability of particular persons or groups, or the time during which an action may be brought. See FEDERAL TORT CLAIMS ACT ; sovereign immunity under IMMUNITY(1). [Cases: Shipping 203. C.J.S. Shipping §§ 471–472, 477–478.]
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inquiry. 1. Int’l law. FACT-FINDING(2). 2. Parliamentary law. A request for information, either procedural or substantive. See REQUEST; POINT(2). parliamentary inquiry. An inquiry that asks a question about procedure. 3. Hist. A writ to assess damages by the sheriff or sheriff’s deputies.
remit, vb. 1. To pardon or forgive (the wife could not remit her husband’s infidelity). 2. To abate or slacken; to mitigate (the receipt of money damages remitted the embarrassment of being fired). 3. To refer (a matter for decision) to some authority, esp. to send back (a case) to a lower court (the appellate
loss n. (1)损失；损害 用于此含义时，该词意义不定，多与「damage」、「detriment」、「injury」、「deprivation」等词同义。既指经济上的损失，亦指因人身伤害而导致的损害。在保险法中，保单上使用该词是指一种被丢失、破坏或毁损灭失的事实状态。在劳工赔偿法、社会保障法或残疾保险合同有关残疾利益取得的规定中，它是指部分或永久地丧失眼睛、肢体等的器官功能。 (2)损失额 常用于保险条款中，尤指诸如部分损失〔partial loss〕、全部损失〔total loss〕、实际全损〔actual total loss〕或推定全损〔constructive total loss〕等。 (3)(财务)损失；亏损 因任何原因而造成的财务上的损害，例如：供货后无法取得债务人款项；货物的售价低于成本；管理费用高于销售利润总额等。 (4)剥夺；丧失
cost, insurance, and freight. A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk of loss, whereby the seller must (1) clear the goods for export, (2) arrange for transportation by water, (3) procure insurance against the buyer’s risk of damage during
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