representee. One to whom a representation is made. “First, where the representor can show that he was not negligent, he will not be liable under the 1967 Act; and secondly, where the representee wants to claim damages at the contractual rate, for loss of his bargain, it may be that the Misrepresentation Act will not […]
A plaintiff’s own negligence that proportionally reduces the damages recoverable from a defendant. — Also termed comparative fault. See COMPARATIVE-NEGLIGENCE DOCTRINE. [Cases: Negligence 549. C.J.S. Negligence §§ 262–264.]
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mala praxis (mal-[schwa] prak-sis). [Law Latin] Hist. Malpractice; unskilled treatment, esp. by a doctor. “Injuries, affecting a man’s health, are where by any unwholesome practices of another a man sustains any apparent damage in his vigor or constitution. As by selling him bad provisions or wine … or by the neglect or unskilful management of
A legal interest in another person’s life or health or in the protection of property from injury, loss, destruction, or pecuniary damage. • To take out an insurance policy, the purchaser or the potential insured’s beneficiary must have an insurable interest. If a policy does not have an insurable interest as its basis, it will
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no arrival, no sale. A delivery term, included in some sales contracts, by which the seller assumes the duty to deliver the goods to a specified place, and assumes the risk of loss for the goods while they are in transit. • If the goods arrive damaged or late, the buyer can either avoid the
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wounded feelings. Injuries resulting from insults, indignity, or humiliation, as distinguished from the usual mental pain and suffering consequent to physical injury. [Cases: Damages 48–50.10. C.J.S. Damages §§ 94–96, 98–104; Torts §§ 66–83.]
res sanctae (rays sangk-tee), n. pl.[Latin “sacred things”] Roman law. The walls of a city. • The Romans considered maintenance of city walls so important that damage to a city’s walls was a capital offense.
per quod (p[schwa]r kwod), adv. & adj.[Latin “whereby”] Requiring reference to additional facts; (of libel or slander) actionable only on allegation and proof of special damages. See actionable per quod under ACTIONABLE; libel per quod under LIBEL; slander per quod under SLANDER. [Cases: Libel and Slander 1, 33. C.J.S. Libel and Slander; Injurious Falsehood§§ 2,
extirpation (ek-st[schwa]r-pay-sh[schwa]n), n. 1. The act of completely removing or destroying something. 2. Damage to land intentionally done by a person who has lost the right to the land.
An agreement to indemnify against property damage caused by fire, wind, rain, or other similar disaster. [Cases: Insurance 1009. C.J.S. Insurance §§ 5, 7.]