intentional infliction of emotional distress. The tort of intentionally or recklessly causing another person severe emotional distress through one’s extreme or outrageous acts. • In a few jurisdictions, a physical manifestation of the mental suffering is required for the plaintiff to recover. — Also termed (in some states) outrage. See EMOTIONAL DISTRESS. Cf. NEGLIGENT INFLICTION […]
intentional infliction of emotional distress Read More »
ex assensu suo (eks [schwa]-sen-s[y]oo s[y]oo-oh). [Latin “with his assent”] Formal words in a default judgment for damages.
complete-operation rule. Insurance. The principle that goods are covered against damage at any time during the shipping process, including the loading and unloading of the goods. See WAREHOUSE-TO-WAREHOUSE COVER. Cf. COMING-TO-REST DOCTRINE E. [Cases: Insurance 2681. C.J.S. Insurance §§ 1060, 1609.]
complete operation rule Read More »
ambulance chaser. 1. A lawyer who approaches victims of accidents in hopes of persuading them to sue for damages. 2. A lawyer’s agent who engages in this activity. — ambulance-chasing, n.
parental-liability statute. A law obliging parents to pay damages for torts (esp. intentional ones) committed by their minor children. • All states have these laws, but most limit the parents’ monetary liability to about $3,000 per tort. Parents can also be held criminally liable for the acts of their children. One group of laws is
parental liability statute Read More »
penal action (1)惩罚性诉讼 指请求支付惩罚性赔偿的各种民事诉讼。例如诽谤诉讼或依法律规定支付特别赔偿或双倍乃至三倍赔偿的诉讼，包括返还高利贷、违反反托拉斯法等案件。 (2)刑事诉讼(→damages) (3)罚金诉讼 为取得法律规定对不法行为人可判处的罚金而提起的诉讼。如果制定法规定罚金归于任何提起诉讼的个人，这种诉讼又称作大众诉讼〔popular action〕；如果制定法规定罚金部分归国家，部分归提起诉讼的人，这种诉讼又称作分享的诉讼〔qui tam action〕。
At common law, an action to recover damages that are not the immediate result of a wrongful act but rather a later consequence. • This action was the precursor to a variety of modern-day tort claims, including negligence, nuisance, and business torts. — Often shortened to case. — Also termed action on the case; breve
trespass on the case Read More »
A comprehensive policy that covers most commercial risks, liabilities, and causes of loss. • This type of policy covers both business losses and situations in which a business is liable to a third party for personal injury or property damage. First introduced in 1986, this policy has largely replaced comprehensive general-liability policies. — Abbr. CGL
commercial general liability policy Read More »
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 of ocean bills of lading. —
Carriage of Goods by Sea Act Read More »
take a default judgment. To reduce to final judgment a defendant’s failure to timely answer a lawsuit. • The process usu. involves informing the court of the defendant’s failure to answer, proving damages, and submitting a proposed judgment for the judge to sign. See DEFAULT JUDGMENT.
take a default judgment Read More »