An agreement to indemnify against loss resulting from a broad group of causes such as legal liability, theft, accident, property damage, and workers’ compensation. • The meaning of casualty insurance has become blurred because of the rapid increase in different types of insurance coverage. Cf. accident insurance. [Cases: Insurance 1008; Workers’ Compensation 1061. C.J.S. Insurance […]
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A broad-coverage commercial insurance policy covering a variety of general risks, esp. bodily injury and property damage to a third party for which the business entity is liable. • This policy was first offered in 1940. It has largely been replaced by the commercial-general liability policy. — Also termed CGL policy; general-liability policy. Cf. commercial
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A trial that is divided into three stages, such as for liability, general damages, and special damages. [Cases: Federal Civil Procedure 1961; Trial 3(5.1).]
A remedy intended to give the promisee something as a replacement for the promised performance or to give the plaintiff something in lieu of preventing or repairing an injury. • A court awards a substitutional remedy by ordering a defaulting seller of goods to pay the buyer damages (as opposed to delivering the promised goods).
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Economic loss flowing directly from insufficient product quality. • The most common type is loss-of-bargain damages — the difference between the actual value of goods accepted and the value they would have had if they had been delivered as promised or warranted. [Cases: Products Liability 17.1; Torts 5. C.J.S. Torts §§ 24–26.]
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aliter (al-[schwa]-t[schwa]r). [Latin] Otherwise; it would be otherwise. “If I trespass on another’s land, and make an excavation there without leaving any rubbish on the land, the trespass ceases as soon as I leave the land, and does not continue until I have filled the excavation up again. Consequently only one action will lie, and
diminution-in-value method. A way of calculating damages for breach of contract based on a reduction in market value that is caused by the breach. [Cases: Damages 123. C.J.S. Damages § 112.]
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election of remedies. 1. A claimant’s act of choosing between two or more concurrent but inconsistent remedies based on a single set of facts. [Cases: Election of Remedies 1. C.J.S. Election of Remedies §§ 2–3.] 2. The affirmative defense barring a litigant from pursuing a remedy inconsistent with another remedy already pursued, when that other
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Federal Computer Fraud and Abuse Act. A law establishing civil liability for gaining unauthorized access to a computer and causing damage to that computer. • Damage is statutorily defined to include harm to the computer’s data, programs, systems, and information either by compromising integrity or by impairing availability. — Abbr. FCFAA.
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The election to sue in quasi-contract to recover the defendant’s unjust benefit, instead of suing in tort to recover damages. See implied-in-law contract under CONTRACT. [Cases: Action 28. C.J.S. Actions §§ 90, 108–123.]