quotient verdict
An improper damage verdict that a jury arrives at by totaling what each juror would award and dividing by the number of jurors. [Cases: Federal Civil Procedure 1974.1; Trial 315. C.J.S. Trial §§ 800–802, 822.]
Search Results for: DAMAGE
abuse of rights
abuse of rights. 1. Int’l law. A country’s exercise of a right either in a way that impedes the enjoyment by other countries of their own rights or for a purpose different from that for which the right was created (e.g., to harm another country). 2. Louisiana law. A person’s exercise of a right in
cost, insurance, and freight
A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk of loss, whereby the seller must (1) clear the goods for export, (2) arrange for transportation by water, (3) procure insurance against the buyer’s risk of damage during carriage, and (4) pay
cost, insurance, and freight Read More »
third party complaint
A complaint filed by the defendant against a third party, alleging that the third party may be liable for some or all of the damages that the plaintiff is trying to recover from the defendant. Fed. R. Civ. P. 14. [Cases: Federal Civil Procedure 281; Parties 49; Pleading 149. C.J.S. Parties § 127; Pleading §
third party complaint Read More »
total breach
A breach of contract for which the remedial rights provided by law are substituted for all the existing contractual rights, or can be so substituted by the injured party; esp., a material breach that gives rise to a claim for damages based on the aggrieved party’s remaining rights to performance under the contract. [Cases: Contracts
small claim
small claim. A claim for damages at or below a specified monetary amount. See small-claims court under COURT. [Cases: Courts 174.]
uti frui
uti frui (yoo-tIfroo-I). [Latin] Civil law. To have the full use and enjoyment of a thing, without damage to its substance.
personal tort
A tort involving or consisting in an injury to one’s person, reputation, or feelings, as distinguished from an injury or damage to real or personal property. [Cases: Torts 7. C.J.S. Torts § 90.]
writ of covenant
writ of covenant. Hist. A writ for one claiming damages as a result of a breach of a promise under seal or other covenant. — Also termed breve de conventione (breev orbree-vee dee k[schwa]n-ven-shee-oh-nee). “The writ of covenant (breve de conventione) is not mentioned by Glanvill; but it appears within a short time after the
earnest money
earnest money. A deposit paid (often in escrow) by a prospective buyer (esp. of real estate) to show a good-faith intention to complete the transaction, and ordinarily forfeited if the buyer defaults. • Although earnest money has traditionally been a nominal sum (such as a nickel or a dollar) used in the sale of goods,