fault-first method. A means by which to apply a settlement credit to a jury verdict, by first reducing the amount of the verdict by the percentage of the plaintiff’s comparative fault, then subtracting from the remainder the amount of any settlements the plaintiff has received on the claim. See SETTLEMENT CREDIT . Cf. SETTLEMENT-FIRST METHOD. […]
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accumulatio actionum ([schwa]-kyoom-y[schwa]-lay-shee-oh ak-shee-oh-n[ schwa]m). [Law Latin] Scots law. The accumulation of actions, which was permitted only in certain circumstances, as when a widow and her children jointly sued to recover damages for the husband’s and father’s death.
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in duplo (in d[y]oo-ploh), adv. & adj.[Law Latin] Hist. In double. • This term appeared in phrases such as damna in duplo (“double damages”). — Also termed (in Roman law) in duplum.
accounting. 1. The act or a system of establishing or settling financial accounts; esp., the process of recording transactions in the financial records of a business and periodically extracting, sorting, and summarizing the rec-orded transactions to produce a set of financial records. — Also termed financial accounting. 2. A rendition of an account, either voluntarily
marine rule. The doctrine that if the cost of restoring damaged property would exceed one-half the value of the property before the damage, then the property is deemed to be totally destroyed. • The marine rule developed in the context of applying marine insurance to damaged ships, but it has also been applied to other
The rendering, as nearly as practicable, of a promised performance through a judgment or decree; specif., a court-ordered remedy that requires precise fulfillment of a legal or contractual obligation when monetary damages are inappropriate or inadequate, as when the sale of real estate or a rare article is involved. • Specific performance is an equitable
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Feres doctrine (feer-is orfeer-eez or fer-ez).Torts. The rule that a member of the military is barred from recovering damages from the United States on a claim brought under the Federal Tort Claims Act for injuries sustained in military service. Feres v. United States, 340 U.S. 135, 71 S.Ct. 153 (1950). — Also termed Feres rule.
compensation n. (1)补偿；赔偿 指对他人的损失给予价值相当的货币，或其他等价物，以使受损一方当事人回复其原有状况。 (2)土地补偿金 因公共目的而致土地被征用或受到破坏性影响，从而给予土地所有人或占有人的价值相当的货币。英国1961年《土地补偿法》〔Land Compensation Law〕规定土地补偿的一般原则是按土地的市场价值进行赔偿，即将土地在公开市场上自愿出售的卖主所期望实现的土地价值。1973年《土地补偿法》则规定，因使用公用设施所引起的喧嚣、振动、废气、烟气、热气或排放液体、固体物质从而造成土地价值贬损的，应予补偿。 (3)(劳灾)补偿；(工人)抚恤金 根据劳工赔偿法〔workmen’s compensation act〕，由僱主向受伤僱员发放的款项。该术语在劳工赔偿法中是指根据该法所指定的人员和确定的额度提供的金钱补助，而不是指针对不法行为或违反合同依法起诉所获得的补偿性赔偿金。 (4)(工作、劳务)报酬 因提供工作或劳务而获得的回报，可以采用固定工资、费用、佣金或事先规定的其他方式。 (5)(因捕获罪犯而获得的)赏金 (6)〈苏格兰〉(大陆法)(路易斯安那州法)抵销 双方当事人互为金钱或种类物的债权人和债务人，由于法律规定或双方的约定而使各自的债务归于消灭。 (→damages; workmen’s compensation; setoff)
award, n. A final judgment or decision, esp. one by an arbitrator or by a jury assessing damages. — Also termed arbitrament. award, vb. To grant by formal process or by judicial decree (the company awarded the contract to the low bidder) (the jury awarded punitive damages).