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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satisfaction of judgment. 1. The complete discharge of obligations under a judgment. [Cases: Federal Civil Procedure 2398; Judgment 874–899. C.J.S. Judgments §§ 656–676, 678–692.] 2. The document filed and entered on the record indicating that a judgment has been paid. [Cases: Federal Civil Procedure 2398; Judgment 897. C.J.S. Judgments § 686.] “Generally, a satisfaction of
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Oil & gas. A well-drilling agreement between a drilling contractor, who owns drilling rigs and associated equipment, and the owner or lessor of the mineral rights. • The contract spells out the rights and duties of the parties. In general, the more control the interest-owner retains over the contractor, the more liability the owner is
trover (troh-v[schwa]r). A common-law action for the recovery of damages for the conversion of personal property, the damages generally being measured by the value of the property. — Also termed trover and conversion. Cf. DETINUE; REPLEVIN. [Cases: Trover and Conversion 1, 43. C.J.S. Trover and Conversion §§ 1–3, 5–7, 120–121.] “Trover may be maintained for
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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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
prayer for relief. A request addressed to the court and appearing at the end of a pleading; esp., a request for specific relief or damages. — Often shortened to prayer. — Also termed demand for relief. See AD DAMNUM CLAUSE. [Cases: Federal Civil Procedure 680; Pleading 72. C.J.S. Pleading §§ 110–115.] “The prayer for relief.
Freedom of Access to Clinic Entrances Act. A 1994 federal statute that provides for criminal sanctions, private civil causes of action, and civil action by the U.S. Attorney General against a person who uses force, threat of force, or physical obstruction to injure, intimidate, or interfere with a provider or patient of reproductive services or
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penalty clause. A contractual provision that assesses against a defaulting party an excessive monetary charge unrelated to actual harm. • Penalty clauses are generally unenforceable. — Often shortened to penalty. — Also termed penal clause. Cf. LIQUIDATED-DAMAGES CLAUSE; LIMITATION-OF-REMEDIES CLAUSE . [Cases: Damages 76, 80. C.J.S. Damages §§ 176, 185–187, 190–192, 194.] “It not infrequently
A contractual provision that assesses against a defaulting party an excessive monetary charge unrelated to actual harm. • Penalty clauses are generally unenforceable. — Often shortened to penalty. — Also termed penal clause. Cf. LIQUIDATED-DAMAGES CLAUSE; LIMITATION-OF-REMEDIES CLAUSE. [Cases: Damages 76, 80. C.J.S. Damages §§ 176, 185–187, 190–192, 194.]