writ of recaption
writ of recaption. Hist. A writ allowing a plaintiff to recover goods and damages from a defendant who makes a second distress while a replevin action for a previous distress is pending. See RECAPTION.
Search Results for: DAMAGE
homeowner’s insurance
Insurance that covers both damage to the insured’s residence and liability claims made against the insured (esp. those arising from the insured’s negligence).
homeowner’s insurance Read More »
united states court of appeals for the federal circuit
United States Court of Appeals for the Federal Circuit. An intermediate-level appellate court with jurisdiction to hear appeals in patent cases, various actions against the United States to recover damages, cases from the U.S. Court of Federal Claims, the U.S. Court of International Trade, the U.S. Court of Appeals for Veterans Claims, the Merit Systems
united states court of appeals for the federal circuit Read More »
comparative negligence doctrine
comparative-negligence doctrine. Torts. The principle that reduces a plaintiff’s recovery proportionally to the plaintiff’s degree of fault in causing the damage, rather than barring recovery completely. • Most states have statutorily adopted the comparative-negligence doctrine. See NEGLIGENCE. Cf. CONTRIBUTO-RY-NEGLIGENCE DOCTRINE. [Cases: Negligence 549. C.J.S. Negligence §§ 262–264.]
comparative negligence doctrine Read More »
advice of counsel defense
advice-of-counsel defense. Patents. In an action for infringement, an assertion that after learning of the owner’s rights, the defendant sought, obtained, and relied on an attorney’s well-reasoned opinion before continuing the challenged act. • Courts treat the assertion as a factor in determining whether an act was willful (to support en-hanced damages). It is not
advice of counsel defense Read More »
private necessity
Torts. A necessity that involves only the defendant’s personal interest and thus provides only a limited privilege. • For example, if the defendant harms the plaintiff’s dock by keeping a boat moored to the dock during a hurricane, the defendant can assert private necessity but must compensate the plaintiff for the dock’s damage. [Cases: Negligence
memorandum clause
memorandum clause. A marine-insurance clause protecting underwriters from liability for injury to goods that are particularly perishable, or for minor damages. [Cases: Insurance 2235, 2241. C.J.S. Insurance §§ 1195–1196, 1199–1203, 1208, 1211–1214, 1216–1217.] “This clause was first introduced into the English [marine-insurance] policies about the year 1749. Before that time the insurer was liable for
lost earning capacity
A person’s diminished earning power resulting from an injury. • This impairment is recoverable as an element of damages in a tort action. Cf. lost earnings under EARNINGS. [Cases: Damages 38.C.J.S. Damages § 56.]
lost earning capacity Read More »
expected/intended exclusion
A provision in some commercial general liability policies, excluding coverage for property damage or bodily injury that is expected or intended by the insured, except any harm arising from the use of reasonable force to protect a person or property. • This exclusion is sometimes referred to as “exclusion a” because it is the first
expected/intended exclusion Read More »
mischief
mischief (mis-ch[schwa]f). 1. A condition in which a person suffers a wrong or is under some hardship, esp. one that a statute seeks to remove or for which equity provides a remedy (this legislation seeks to eliminate the mischief of racially restrictive deed covenants). 2. Injury or damage caused by a specific person or thing