de deceptione
de deceptione (dee di-sep-shee-oh-nee), n. [Law Latin “of deceit”] Hist. A writ available to a party who was deceived and damaged by someone acting in the party’s name.
de deceptione (dee di-sep-shee-oh-nee), n. [Law Latin “of deceit”] Hist. A writ available to a party who was deceived and damaged by someone acting in the party’s name.
damnify, vb. To cause loss or damage to; to injure (the surety was damnified by the judgment obtained against it).
The interest of a nonbreaching party in being put in the position that would have resulted if the contract had been performed. See expectation damages under DAMAGES; BENEFIT-OF-THE-BARGAIN RULE. [Cases: Damages 117; Fraud 59(2).]
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out-of-pocket rule. The principle that a defrauded buyer may recover from the seller as damages the difference between the amount paid for the property and the actual value received. Cf. BENEFIT-OF-THE-BARGAIN RULE(2). [Cases: Fraud 59(3).]
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monetary, adj. 1. Of or relating to money (monetary value) (monetary damages). 2. Financial (monetary services) (monetary investments).
peril. 1. Exposure to the risk of injury, damage, or loss (the perils of litigation). inescapable peril. A danger that one cannot avoid without another’s help. See LAST-CLEAR-CHANCE DOCTRINE. [Cases: Negligence 530(1). C.J.S. Negligence §§ 281–290, 313, 318.] 2. Insurance. The cause of a risk of loss to person or property; esp., the cause of
landmark decision. A judicial decision that significantly changes existing law. • Examples are Brown v. Board of Educ., 347 U.S. 483, 74 S.Ct. 686 (1954) (holding that segregation in public schools violates the Equal Protection Clause), and Palsgraf v. Long Island R.R., 162 N.E. 99 (N.Y. 1928) (establishing that a defendant’s duty in a negligence
The negligence of two or more parties acting independently but causing the same damage. Cf. joint negligence.
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recover, vb. 1. To get back or regain in full or in equivalence (the landlord recovered higher operating costs by raising rent). 2. To obtain by a judgment or other legal process (the plaintiff recovered punitive damages in the lawsuit). 3. To obtain (a judgment) in one’s favor (the plaintiff recovered a judgment against the