stowage (stoh-ij).Maritime law. 1. The storing, packing, or arranging of cargo on a vessel to protect the goods from friction, bruising, or water damage during a voyage. • The bill of lading will often prescribe the method of stowage to be used. [Cases: Shipping 110. C.J.S. Shipping §§ 326, 328.] 2. The place (such as […]
A provision in some commercial general liability policies, excluding coverage for damages arising from the use (including loading and unloading) of an automobile, aircraft, or other motor vehicle owned, operated, rented, or borrowed by the insured. [Cases: Insurance 2278(13). C.J.S. Insurance § 938.]
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Jones Act. Maritime law. A federal statute that allows a seaman injured during the course of employment to recover damages for the injuries in a negligence action against the employer. • If a seaman dies from such injuries, the seaman’s personal representative may maintain an action against the employer. 46 USCA app. § 688. [Cases:
wholly destroyed, adj. Insurance. (Of a building) so damaged that it is no longer capable of being classified as a building, although some parts may remain intact. [Cases: Insurance 2171. C.J.S. Insurance §§ 1108–1109, 1204.]
dilapidations, action for (d[schwa]-lap-[schwa]-day-sh[schwa]nz). Hist. An action brought by a new incumbent of a benefice for damages rising from the disrepair of the houses or buildings on the benefice. • The incumbent — whether of a rectory, a vicarage, or a chapel — sued the executors or administrators of the incumbent’s deceased predecessor (who was
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ad quod damnum (ad kwod dam-n[schwa]m). [Latin “to what damage”] Hist. A writ directing the sheriff to inquire of jurors under oath to what damage a grant (as of a fair, market, liberty, or other franchise) would be to various people if the king were to make the grant. • The writ was issuable from
in pari delicto doctrine, n. [Latin] The principle that a plaintiff who has participated in wrongdoing may not recover damages resulting from the wrongdoing. [Cases: Action 4; Contracts 139; Equity 65. C.J.S. Actions §§ 29–30; Contracts §§ 282–283, 286, 299; Equity § 102.]
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Oil & gas. A contract under which the lease operator hires a drilling rig and oilfield workers, pays an amount based on the time spent in drilling operations, and retains the right to direct drilling operations. • This type of contract gives the lease operator broad control over the drilling contractor, so courts in turn
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contributory-negligence doctrine. Torts. The principle that completely bars a plaintiff’s recovery if the damage suffered is partly the plaintiff’s own fault. • Most states have abolished this doctrine and have adopted instead a comparative-negligence scheme. See NEGLIGENCE. Cf. COMPARATIVE-NEGLIGENCE DOCTRINE . [Cases: Negligence 547. C.J.S. Negligence §§ 293, 297.]
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market-share theory. Antitrust. 1. A method of determining damages for lost profits by calculating the impact of the defendant’s violation on the plaintiff’s output or market share. Cf. BEFORE-AND-AFTER THEORY; YARDSTICK THEORY . [Cases: Monopolies 12(1.3). C.J.S. Monopolies §§ 28–37, 52, 64–66.] 2. Patents. A theory of lost-profits remedy offered when the patentee and the
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