quod permittat prosternere (kwod p[schwa]r-mit-it proh-st[schwa]r-n[ schwa]-ree), n. [Law Latin “that he permit to abate”] Hist. A writ to abate a nuisance, similar in nature to a petition of right. • This writ was abolished by the Real Property Limitation Act of 1833. “This is a writ commanding the defendant to permit the plaintiff to […]
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A policy that offers limited coverage against loss. • A basic-form policy generally covers damages from fire, windstorm, explosion, riot, aircraft, vehicles, theft, or vandalism. — Also termed limited policy; specific policy.
nautae, caupones, stabularii (naw-tee, kaw-poh-neez, stab-y[schwa]-lair-ee-I). [Latin] Roman law. Carriers by sea, innkeepers, stablers. • The phrase was used in an edict holding shippers, innkeepers, and stablers liable for damages to goods entrusted to them for safekeeping (receptum). Members of this group were also vicariously liable for the torts of their employees and slaves. “The
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advice of counsel. 1. The guidance given by lawyers to their clients. 2. In a malicious-prosecution lawsuit, a defense requiring both a complete presentation of facts by the defendant to his or her attorney and honest compliance with the attorney’s advice. [Cases: Malicious Prosecution 21, 25(2). C.J.S. Malicious Prosecution or Wrongful Litigation §§ 25, 42,
cattle trespass 家畜侵入土地 指自家的牲畜闯入他人的土地。在普通法上，家畜的所有者有义务看管好牲畜，防止其进入他人的土地。违反该义务的责任不是绝对责任，但比过失责任严格。对因违反该义务造成损害的人，可以提起家畜侵入土地之诉。 (→liability for animals; damage feasant)
benefit, n. 1. Advantage; privilege (the benefit of owning a car). 2. Profit or gain; esp., the consideration that moves to the promisee (a benefit received from the sale). — Also termed legal benefit; legal value. Cf. DETRIMENT(2). death benefit. (usu. pl.) A sum or sums paid to a beneficiary from a life-insurance policy on
natural consequence. Something that predictably occurs as the result of an act (plaintiff’s injuries were the natural consequence of the car wreck). — Also termed natural and probable consequence. [Cases: Damages 21; Negligence 386. C.J.S. Damages §§ 30–33; Negligence § 196.]
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An agreement to indemnify against one or more kinds of loss associated with the use of an automobile, including damage to a vehicle and liability for personal injury. [Cases: Insurance 1015. C.J.S. Insurance § 16.]
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avoidable consequences doctrine 可避免后果原则 该原则是指，当损害或违约情事发生后，原告疏于通常注意而致损害结果扩大的，则被告可以提出抗辩，拒绝就扩大的部分进行赔偿。亦称「减轻损害原则」〔mitigation-damages doctrine〕。
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contents unknown. A statement placed on a bill of lading to show that the carrier does not know what is inside shipped containers. • Carriers use this phrase in an attempt to limit their liability for damage to the goods shipped. Shipper’s load and count is also used. [Cases: Carriers 50; Shipping 106(3). C.J.S. Shipping