Slander for which special damages need not be proved because it imputes to the plaintiff any one of the following: (1) a crime involving moral turpitude, (2) a loathsome disease (such as a sexually transmitted disease), (3) conduct that would adversely affect one’s business or profession, or (4) unchastity (esp. of a woman). [Cases: Libel […]
limitation-of-remedies clause. A contractual provision that restricts the remedies available to the parties if a party defaults. • Under the UCC, such a clause is valid unless it fails of its essential purpose or it unconscionably limits consequential damages. Cf. LIQUIDATED-DAMAGES CLAUSE; PENALTY CLAUSE. [Cases: Contracts 114; Sales 418(6), 426. C.J.S. Contracts § 271; Sales
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taking, n. 1. Criminal & tort law. The act of seizing an article, with or without removing it, but with an implicit transfer of possession or control. constructive taking. An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted
carriage and insurance paid to. 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) procure and pay for insurance against the buyer’s risk of damage while the goods
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An agreement to protect against one or more kinds of loss from the interruption of an ongoing business, such as a loss of profits while the business is shut down to repair fire damage. [Cases: Insurance 2163, 2179. C.J.S. Insurance §§ 1074, 1114.]
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amount in controversy. The damages claimed or relief demanded by the injured party in a lawsuit. • For a federal court to have diversity jurisdiction, the amount in controversy must exceed $75,000. 28 USCA § 1332(a). — Also termed jurisdictional amount; matter in controversy. See DIVERSITY OF CITIZENSHIP ; AGGREGATION DOCTRINE. [Cases: Courts 119, 167;
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litis aestimatio (lI-tis es-t[schwa]-may-shee-oh). [Latin] Roman law. The judicial estimate of the measure of damages.
An exclusion in some commercial general liability policies, excluding coverage for common risks of doing business, including harm to the insured’s product or work, damages arising from a product recall, damages arising from the insured’s failure to perform under a contract, or damages arising from a failure of the insured’s product to perform as intended.
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de warrantia chartae (dee w[schwa]-ran-shee-[schwa] kahr-tee), n. [Law Latin “of a warranty of charter”] Hist. A writ allowing a tenant enfeoffed with a warranty, who was impleaded in an assize or other action in which the tenant could not call upon the warranty, to compel the feoffor to assist the tenant with a plea or
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warehouse-to-warehouse cover. Insurance coverage for goods protecting against damage at any time during the shipping process, including the loading and unloading of the goods. See COMPLETE-OPERATION RULE. Cf. COMING-TO-REST DOCTRINE . [Cases: Insurance 2681. C.J.S. Insurance §§ 1060, 1609.]
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