de dote unde nil habet (dee doh-tee [schwa]n-dee nil hay-bet), n. [Law Latin “of dower whereof she has none”] A writ ordering a tenant interfering with a widow’s right to dower to provide a reasonable dower. — Also termed writ of dower. “DE DOTE UNDE NIL HABET. This is a writ of right in its […]
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A remedy whereby the injured party is awarded the very performance that was contractually promised or whereby the injury threatened or caused by a tort is prevented or repaired. • A court awards a specific remedy by ordering a defaulting seller of goods to deliver the specified goods to the buyer (as opposed to paying
supersede, vb. 1. To annul, make void, or repeal by taking the place of (the 1996 statute supersedes the 1989 act). 2. To invoke or make applicable the right of supersedeas against (an award of damages) (what is the amount of the bond necessary to supersede the judgment against her?). [Cases: Appeal and Error 458,
(ak-shee-oh dam-nI in-joor-ee-[schwa]).Roman law. An action for damages for tortiously causing pecuniary loss. Pl. actiones damni injuriae See actio legis Aquiliae.
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collateral-source rule. Torts. The doctrine that if an injured party receives compensation for the injuries from a source independent of the tortfeasor, the payment should not be deducted from the damages that the tortfeasor must pay. • Insurance proceeds are the most common collateral source. — Also termed collateral-benefit rule. [Cases: Damages 59. C.J.S. Damages
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Liability that arises from the breach of a duty that (1) is fixed primarily by the law, (2) is owed to persons generally, and (3) when breached, is redressable by an action for unliquidated damages.
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lucrum cessans (loo-kr[schwa]m ses-anz). [Law Latin “ceasing gain”] Hist. Damages awarded to include a loss of anticipated profit in addition to an actual realizable loss. — Also termed lucrum interceptum. See DAMNUM EMERGENS.
protection money. 1. A bribe paid to an officer as an inducement not to interfere with the criminal activities of the briber. • Examples include payments to an officer in exchange for the officer’s releasing an arrestee, removing records of traffic violations from a court’s files, and refraining from making a proper arrest. [Cases: Bribery