duplum
duplum (d[y]oo-pl[schwa]m). [Latin] Roman & civil law. Double the price of something; esp., a measure of damages equal to double a thing’s value. • This measure was used for certain delicts. Cf. SIMPLUM.
Search Results for: DAMAGE
safe port clause
safe-port clause. Maritime law. A provision in a voyage or time charterparty obligating the charterer to choose a port where the ship will be safe from damage. • The ship’s master can refuse to enter the port without breaching the charter. But if the master reasonably enters the port and the ship is damaged, the
malpractice
malpractice (mal-prak-tis). An instance of negligence or incompetence on the part of a professional. • To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages. — Also termed professional negligence. [Cases: Negligence 321. C.J.S. Negligence § 162.] legal malpractice. A lawyer’s failure to render professional services with the skill, prudence,
sudden onset rule
sudden-onset rule. The principle that medical testimony is unnecessary to prove causation of the obvious symptoms of an injury that immediately follows a known traumatic incident. [Cases: Damages 185(1). C.J.S. Damages §§ 308–310.]
noxal
noxal (nok-s[schwa]l), adj. Archaic. Of or relating to a claim against a father or owner for damage done by a son, a slave, or an animal.
registered trademark
A trademark that has been filed and recorded with the Patent and Trademark Office. • A federally registered trademark is usu. marked by the symbol “®” or a phrase such as “Registered U.S. Patent & Trademark Office” so that the trademark owner can collect treble damages or the defendant’s profits for an infringement. If the
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malicious mischief
malicious mischief. The common-law misdemeanor of intentionally destroying or damaging another’s property. • Although modern statutes predominantly make this offense a misdemeanor, a few make it a felony (depending on the nature of the property or its value). See Model Penal Code § 220. 3. — Also termed malicious mischief and trespass; malicious injury; malicious
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writ of waste
Hist. A writ to recover damages against a tenant who committed waste. See WASTE(1). [Cases: Waste 14. C.J.S. Waste § 23.]
inquest
inquest. 1. An inquiry by a coroner or medical examiner, sometimes with the aid of a jury, into the manner of death of a person who has died under suspicious circumstances, or who has died in prison. — Also termed coroner’s inquest; inquisition after death. [Cases: Coroners 9; Homicide 1110. C.J.S. Coroners and Medical Examiners