Search Results for: DAMAGE

peril

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

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landmark decision

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

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recover

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

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