pass on defense
An antitrust defense that a member of the distributive chain who was overcharged or undercharged passed on the price adjustment to reflect the charge and thereby suffered no damage. — Also termed passing on.
Search Results for: DAMAGE
other property rule
other-property rule. The principle that tort recovery is unavailable if the only damage caused by a product defect is to the product itself. See East River S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 106 S.Ct. 2295 (1986).
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cost of completion
Contracts. An element of damages based on the expense that would be incurred by the party not in breach to finish the promised performance. [Cases: Damages 121. C.J.S. Damages § 111.]
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damnum emergens
damnum emergens (dam-n[schwa]m i-m[schwa]r-jenz). [Latin “damage arising”] Hist. An actual realized loss (such as a decline in the value of property) as opposed to an expected future loss (such as loss of profit); consequential loss. “These kinds of damage are distinguished by the commentators as damnum emergens and lucrum cessans, which may be rendered ‘positive
penalty clause
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
special benefit
Eminent domain. A benefit that accrues to the owner of the land in question and not to any others. • Any special benefits justify a reduction in the damages payable to the owner of land that is partially taken by the government during a public project. — Also termed peculiar benefit. [Cases: Eminent Domain 91.
admiralty extension act
Admiralty Extension Act. A 1948 statute extending admiralty-tort jurisdiction to include all cases in which damage or injury is caused by a vessel on navigable water, regardless of where the injury or damage occurred. 46 USCA app. § 740. • Specifically, the Act extended jurisdiction over damages and injuries that a vessel causes on land,
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slander
slander, n. 1. A defamatory assertion expressed in a transitory form, esp. speech. • Damages for slander — unlike those for libel — are not presumed and thus must be proved by the plaintiff (unless the defamation is slander per se). [Cases: Libel and Slander 1, 24. C.J.S. Libel and Slander; Injurious Falsehood§§ 2, 5–6,
crimes against property
crimes against property. A category of criminal offenses in which the perpetrator seeks to derive an unlawful benefit from — or do damage to — another’s property without the use or threat of force. • Examples include burglary, theft, and arson (even though arson may result in injury or death). — Also termed property crimes.
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remittitur
remittitur (ri-mit-i-t[schwa]r). 1. An order awarding a new trial, or a damages amount lower than that awarded by the jury, and requiring the plaintiff to choose between those alternatives (the defendant sought a remittitur of the $100 million judgment). 2. The process by which a court requires either that the case be retried, or that