trade disparagement. The common-law tort of belittling someone’s business, goods, or services with a remark that is false or misleading but not necessarily defamatory. • To succeed at the action, a plaintiff must prove that (1) the defendant made the disparaging remark; (2) the defendant intended to injure the business, knew that the statement was […]
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inadequate remedy at law. A remedy (such as money damages) that does not sufficiently correct the wrong, as a result of which an injunction may be available to the disadvantaged party. See IRREPARABLE-INJURY RULE. [Cases: Injunction 17, 138. 9. C.J.S. Injunctions §§ 30–31.]
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supersedere (s[y]oo-p[schwa]r-s[schwa]-deer-ee). [Law Latin] Hist. SIST. “When creditors voluntarily agree to supersede or sist diligence against their debtor for a certain period, such an agreement is called a supersedere; and the same name is given to any judicial act by which creditors are restrained from doing diligence. A creditor who commits a breach of the
avowry ([schwa]-vow-ree), n. Common-law pleading. An acknowledgment — in an answer to a replevin action — that one has taken property, and a justification for that taking (the defendant’s avowry was based on alleged damage to the property by the plaintiff). Cf. COGNIZANCE(4). [Cases: Replevin 64.] — avow, vb.
major disaster. A hurricane, tornado, storm, flood, earthquake, drought, fire, or other catastrophe that, when it occurs within the United States, the President determines to be a sufficiently severe threat to warrant disaster assistance by the federal government. • When the President declares a major disaster, the federal government supplements the efforts and available resources
A right prescribed by procedural law to enforce a substantive right, such as the right to damages for a breach of contract. • The enforcement of a secondary right is variously termed secondary enforcement, remedial enforcement, or sanctional enforcement. — Also termed remedial right; sanctioning right.
Federal Tort Claims Act. A statute that limits federal sovereign immunity and allows recovery in federal court for tort damages caused by federal employees, but only if the law of the state where the injury occurred would hold a private person liable for the injury. 28 USCA §§ 2671–2680. — Abbr. FTCA. See sovereign immunity
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slander per quod 因实际损害而构成的口头诽谤 其不属于以行为本身构成的口头诽谤，须由原告证明因此而造成了特定的实际损害，方可构成口头诽谤。亦称「slanderous per quod」或「slander actionable by reason of special damage」。
suffer, vb. 1. To experience or sustain physical or emotional pain, distress, or injury (suffer grievously)(suffer damages). [Cases: Damages 31, 49.10, 50.10. C.J.S. Damages §§ 92, 95, 98–104; Torts§§ 67–79, 82–83.] 2. To allow or permit (an act, etc.) (to suffer a default).
damnum fatale (dam-n[schwa]m f[schwa]-tay-lee). [Latin “unavoidable damage”] Roman law. Damage caused by an unavoidable circumstance, such as a storm or a shipwreck, for which bailees or others will not be held liable. • But an exception was made for damages resulting from theft. “The liability of innkeepers, carriers, and stable keepers, at Roman law, was