survival statute. A law that modifies the common law by allowing certain actions to continue in favor of a personal representative after the death of the party who could have originally brought the action; esp., a law that provides for the estate’s recovery of damages incurred by the decedent immediately before death. Cf. DEATH STATUTE. […]
houseburning. The common-law misdemeanor of intentionally burning one’s own house that is within city limits or that is close enough to other houses that they might be in danger of catching fire (even though no actual damage to them may result). — Also termed combustio domorum. Cf. ARSON. [Cases: Arson 2. C.J.S. Arson §§ 2–5,
novigild (noh-v[schwa]-gild), n. [fr. Latin novem “nine” + Anglo-Saxon gid or geld “a payment”] Hist. The money a person must pay for damaging another person’s property, the amount equaling nine times the purchase price of the property damaged.
enforce, vb. 1. To give force or effect to (a law, etc.); to compel obedience to. 2. Loosely, to compel a person to pay damages for not complying with (a contract).
damnum sine injuria (dam-n[schwa]m sI-nee in-joor-ee-[schwa] orsin-ay). [Latin “damage without wrongful act”] Loss or harm that is incurred from something other than a wrongful act and occasions no legal remedy. • An example is a loss from fair trade competition. — Also termed damnum absque injuria; absque injuria damnum; absque injuria. Cf. INJURIA ABSQUE DAMNO.
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An agreement to indemnify against property damage or destruction. — Also termed property-damage insurance. [Cases: Insurance 1009. C.J.S. Insurance §§ 5, 7.]
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suretyship. 1. The legal relation that arises when one party assumes liability for a debt, default, or other failing of a second party. • The liability of both parties begins simultaneously. In other words, under a contract of suretyship, a surety becomes a party to the principal obligation. — Also termed (archaically) pledgery. [Cases: Principal
An agreement to indemnify for loss sustained because of a mistake or oversight by the insured — though not for loss due to the insured’s intentional wrongdoing. • For example, lawyers often carry this insurance as part of their malpractice coverage to protect them in suits for damages resulting from inadvertent mistakes (such as missing
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A ship pilot who controls a ship with the permission of the vessel’s owner. • The vessel’s owner is personally liable for damage resulting from a collision caused by a voluntary pilot. Cf. compulsory pilot. [Cases: Pilots 7. C.J.S. Pilots of Vessels § 8.]