outrageous conduct
Conduct so extreme that it exceeds all reasonable bounds of human decency. See EMO-TIONAL DISTRESS. [Cases: Damages 50.10. C.J.S. Damages §§ 95, 98–104; Torts §§ 67–75, 78.]
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Search Results for: DAMAGE
penalty clause
A contractual provision that assesses against a defaulting party an excessive monetary charge unrelated to actual harm. • Penalty clauses are generally unenforceable. — Often shortened to penalty. — Also termed penal clause. Cf. LIQUIDATED-DAMAGES CLAUSE; LIMITATION-OF-REMEDIES CLAUSE. [Cases: Damages 76, 80. C.J.S. Damages §§ 176, 185–187, 190–192, 194.]
gubernator navis
gubernator navis (g[y]oo-b[schwa]r-nay-t[schwa]r nay-vis). [Latin “ship helmsman”] Roman law. The pilot or steersman of a ship. • The gubernator navis could be sued for damages if he negligently caused a collision.
claim and delivery
claim and delivery. A claim for the recovery of specific personal property wrongfully taken or detained, as well as for any damages caused by the taking or detention. • This claim derives from the common-law action of replevin. See REPLEVIN. — Sometimes written claim-and-delivery. [Cases: Replevin 1. C.J.S. Replevin §§ 2–7.]
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noncontract demurrage
Demurrage not provided by contract, but ordered by a court. — Also termed damages for detention.
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time charter
A charter for a specified period, rather than for a specific task or voyage; a charter under which the shipowner continues to manage and control the vessel, but the charterer designates the ports of call and the cargo carried. • Each party bears the expenses related to its functions and for any damage it causes.
inchmaree clause
Inchmaree clause (inch-m[schwa]-ree).Maritime law. An insurance-policy provision that protects against risks not caused by nature, such as a sailor’s negligence or a latent defect in machinery. • This term is taken from a British ship, the Inchmaree, whose sinking in 1884 gave rise to litigation that led to the clause bearing its name. — Also
condemnation money
condemnation money. 1. Damages that a losing party in a lawsuit is condemned to pay. 2. Compensation paid by an expropriator of land to the landowner for taking the property.
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term of art
term of art 特定术语；特定用语 某一用语在特定的语境下有特殊的含义，法律领域中使用大量的特定用语。如「double jeopardy」在普通用法中指导致双重风险的情势，而在法律中则指同一罪行不受两次审判。将某一用语归入特定用语的行列将会产生法律上的后果，如美国联邦最高法院就曾通过将出院后的治疗费和受害人因公共医疗机构的疏忽而导致的严重脑损伤以及随之而来的对未来生活能力的丧失的补偿解释为对当事人的补偿〔compensation〕，而不是对州政府的惩罚〔punitive damage〕——因为这为制定法所禁止，从而判决州政府对当事人作出高额赔偿而不仅限于住院期间的治疗费用。 (→punitive damages)
noxa
noxa (nok-s[schwa]), n. [Latin “injury”] Hist. 1. Roman law. A harm done or an offense committed such as injury to a person or property, esp. by a slave or son. • This gave rise to noxal liability. 2. Roman law. The obligation to pay for damage committed by a son, slave, or animal. • The