damnum injuria datum (dam-n[schwa]m in-joor-ee-[schwa] day-t[schwa]m). [Latin] Roman law. Willful or negligent damage to corporeal property; damage for which compensation was given under the Aquilian law. • In this phrase, the word damnum refers to economic loss, not the physical damage (if any). See actio legis Aquiliae under ACTIO.
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new-business rule. The principle precluding an award of damages for lost profits to a business with no recent record of profitability, because the damages would be too speculative. [Cases: Damages 40(1), 190. C.J.S. Damages §§ 58, 61, 304.]
seminaufragium (sem-I-naw-fray-jee-[schwa]m), n. [Latin] Hist. A half-shipwreck, as when goods are cast overboard in a storm or when a damaged ship’s repair costs are more than the ship’s worth.
The rule that if a good-faith attempt to perform does not precisely meet the terms of an agreement or statutory requirements, the performance will still be considered complete if the essential purpose is accomplished, subject to a claim for damages for the shortfall. • Under the Uniform Probate Code, a will that is otherwise void
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A breach of contract that is less significant than a material breach and that gives the aggrieved party a right to damages, but does not excuse that party from performance; specif., a breach for which the injured party may substitute the remedial rights provided by law for only part of the existing contract rights. [Cases:
Torts. 1. The act or an instance of a prospective plaintiff’s taking on the risk of loss, injury, or damage [the skydiver’s assumption of the risk]. — Also termed assumption of risk. [Cases: Negligence 550. C.J.S. Negligence §§ 360–361.]
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running-down clause. Marine insurance. A provision for the hull insurer’s paying a proportion of the damages sustained by the other vessel in a collision.
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commodatum (kom-[schwa]-day-t[schwa]m), n. [Latin commodare “to lend”] Roman & civil law. The gratuitous lending of goods to be used by the borrower and then returned undamaged to the lender. • This ar-rangement is for the sole benefit of the borrower. It is one of three types of contracts for permissive use, the other two being
A marine-insurance clause protecting underwriters from liability for injury to goods that are particularly perishable, or for minor damages. [Cases: Insurance 2235, 2241. C.J.S. Insurance §§ 1195–1196, 1199–1203, 1208, 1211–1214, 1216–1217.]