total offset rule
total-offset rule. Torts. A theory of damages holding that the eroding effect of inflation offsets the accrual of interest on an award and makes it unnecessary to discount future damages to their present value.
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hold harmless
hold harmless, vb. To absolve (another party) from any responsibility for damage or other liability arising from the transaction; INDEMNIFY. — Also termed save harmless. [Cases: Indemnity 25, 31(4).]
freedom of access to clinic entrances act
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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actual injury trigger
actual-injury trigger. Insurance. The point at which an insured suffers damage or injury (such as the time of an automobile accident), so that there is an occurrence invoking coverage under an insurance policy. — Also termed injury-in-fact trigger. Cf. EXPOSURE THEORY; MANIFESTATION THEORY; TRIPLE TRIGGER.
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give
give, vb. 1. To voluntarily transfer (property) to another without compensation (Jack gave his daughter a car on her birthday). 2. To confer by a formal act (the First Amendment gives all citizens the right to free speech). 3. To present for another to consider (the witness gave compelling testimony before the jury). 4. (Of
quantum meruit
quantum meruit (kwon-t[schwa]m mer-oo-it). [Latin “as much as he has deserved”] 1. The reasonable value of services; damages awarded in an amount considered reasonable to compensate a person who has rendered services in a quasi-contractual relationship. 2. A claim or right of action for the reasonable value of services rendered. [Cases: Implied and Constructive Contracts
carriage of goods by sea act
Carriage of Goods by Sea Act. Maritime law. A 1936 federal statute regulating a carrier’s liability for the loss or damage, and sometimes the delay, of ocean cargo shipped under a bill of lading. 46 USCA §§ 1300–1315. • The Act defines many of the rights and responsibilities of both the issuers and the holders
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zero coupon bond
zone-of-danger rule. Torts. The doctrine allowing the recovery of damages for negligent infliction of emotional distress if the plaintiff was both located in the dangerous area created by the defendant’s negligence and frightened by the risk of harm. [Cases: Damages 49.10. C.J.S. Damages § 95; Torts §§ 67, 76–79, 82–83.]
loss of bargain rule
loss-of-bargain rule. The doctrine that damages for a breach of a contract should put the injured party in the position it would have been in if both parties had performed their contractual duties. [Cases: Damages 117, 120(1). C.J.S. Damages §§ 108–110.]
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harter act
Harter Act. Maritime law. An 1893 federal statute regulating a carrier’s liability for the loss or damage of ocean cargo shipped under bills of lading. 46 USCA app. §§ 190–196. • The Act was the primary model for the Carriage of Goods by Sea Act, which has largely superseded it in practice. See CARRIAGE OF