Marine insurance. A provision establishing that the marine insurer will cover the costs incurred by the insured in protecting the covered property from damage or minimizing actual damages to the property. • The clause generally requires the insurer to “sue and labor” to protect the insured party’s interests. — Also termed rescue clause. [Cases: Insurance […]
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Two or more tortfeasors whose negligence occurs at different times and causes different injuries to the same third party. [Cases: Damages 34.]
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prejudice, n. 1. Damage or detriment to one’s legal rights or claims. See dismissal with prejudice, dismissal without prejudice under DISMISSAL. legal prejudice. A condition that, if shown by a party, will usu. defeat the opposing party’s action; esp., a condition that, if shown by the defendant, will defeat a plaintiff’s motion to dismiss a
A law designed to attack organized criminal activity and preserve marketplace integrity by investigating, controlling, and prosecuting persons who participate or conspire to participate in racketeering. • Enacted in 1970, the federal RICO statute applies only to activity involving interstate or foreign commerce. 18 USCA §§ 1961–1968. Since then, many states have adopted laws (sometimes
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Torts. The doctrine allowing the recovery of damages for negligent infliction of emotional distress if the plaintiff was both located in the dangerous area created by the defendant’s negligence and frightened by the risk of harm. [Cases: Damages 49.10. C.J.S. Damages § 95; Torts §§ 67, 76–79, 82–83.]
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Death occurring in an instant or within an extremely short time after an injury or seizure. • It is a factor in determining an award of damages for the victim’s pain and suffering. — Sometimes also termed immediate death.
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quare ejecit infra terminum (kwair-ee i-jee-sit in-fr[schwa] t[schwa]r-m[ schwa]-n[schwa]m), n. [Law Latin “why he ejected within the term”] Hist. A writ for a lessee who was prematurely ejected, when the ejector was not actually in possession but one claiming under the ejector was. “For this injury the law has provided him with two remedies …
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overhead, n. Business expenses (such as rent, utilities, or support-staff salaries) that cannot be allocated to a particular product or service; fixed or ordinary operating costs. — Also termed administrative expense; office expense. [Cases: Damages 42, 45. C.J.S. Damages §§ 62–65.]
legal-injury rule. The doctrine that the statute of limitations on a claim does not begin to run until the claimant has sustained some legally actionable damage. • Under this rule, the limitations period is tolled until the plaintiff has actually been injured. — Also termed damage rule. [Cases: Limitation of Actions 43. C.J.S. Limitations of
A state law that abolishes the rights of action for monetary damages as solace for the emotional trauma occasioned by a loss of love and relationship. • The abolished rights of action include alienation of affections, breach of promise to marry, criminal conversation, and seduction of a person over the legal age of consent. Many