An irrevocable trust to which the settlor transfers ownership of his or her personal residence while retaining the right to live there for a specified term of years. • The trust cannot hold any assets other than the residence and proceeds resulting from damage to or destruction of the residence. Cf. qualified personal-residence trust.
personal residence trust Read More »
Disaster Relief Act. A federal statute that provides a means by which the federal government can help state and local governments to relieve suffering and damage resulting from disasters such as hurricanes, tornadoes, floods, earthquakes, volcanic eruptions, landslides, mudslides, drought, fire, and explosions. • A 1974 amendment established a process for the President to declare
disaster relief act Read More »
A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION OF EMOTIONAL
emotional distress Read More »
judgment by default and inquiry 缺席和调查判决 法院确认原告在起诉状中所主张的诉权的判决，肯定原告至少在名义上享有取得损害赔偿的权利，并排除被告有权提供任何证据以否认原告的诉权。但至于损害赔偿的性质、范围、数额则留待听审〔hearing in damages〕后由终局判决来确定。
judgment by default and inquiry Read More »
Antitrust. A method of determining damages for lost profits (and sometimes overcharges), whereby the plaintiff’s profits are examined before, during, and after the violation to estimate the reduction in profits due to the defendant’s violation. — Also termed before-and-after method. Cf. YARDSTICK THEORY; MARKET-SHARE THEORY.
before and after theory Read More »
Automobile insurance that covers damage to the insured’s vehicle resulting from a rollover or collision with any object, but does not cover a personal injury or damage to other property. [Cases: Insurance 2704. C.J.S. Insurance §§ 1020–1025.]
collision insurance Read More »
unliquidated demand 未确定的请求 (→unliquidated claim; unliquidated damages)
unliquidated demand Read More »
A provision in some commercial general liability policies, excluding coverage for (1) the loss of use of undamaged property resulting from the insured’s delay or failure in performing an obligation, or (2) a design defect or failure in the insured’s product. — Also termed loss-of-use exclusion. [Cases: Insurance 2278(21).]
failure to perform exclusion Read More »
ad mordendum assuetus (ad mor-den-d[schwa]m [schwa]-swee-t[schwa]s), adj. [Law Latin] Hist. Accustomed to bite. • This phrase was a common charge in a declaration of damage done by a dog to a person or to another animal.
ad mordendum assuetus Read More »
injuria sine damno 〈拉〉未造成损害的侵权行为 指侵犯他人合法权利，但未造成损害或损失的过错及失职行为。一般地说，对未造成确定损失的过错或失职行为，只需判处象征性损害赔偿金〔nominal damages〕，不作更多赔偿。但在某些案例中，特别是过失的侵权行为，必须有可确定的损失才能提起诉讼；如无损失，就根本不产生请求权〔claim〕。 (→damnum sine injuria)
injuria sine damno Read More »