damnum fatale (dam-n[schwa]m f[schwa]-tay-lee). [Latin “unavoidable damage”] Roman law. Damage caused by an unavoidable circumstance, such as a storm or a shipwreck, for which bailees or others will not be held liable. • But an exception was made for damages resulting from theft. “The liability of innkeepers, carriers, and stable keepers, at Roman law, was […]
pars contractus (pahrz k[schwa]n-trak-t[schwa]s). [Law Latin] Hist. Part of the contract. “Verbal consensual contracts are binding upon the contracting parties immediately upon their consents being interchanged, and neither of them can afterwards resile from the transaction …. But if it be agreed that their contract shall be reduced to writing, such agreement being pars contractus,
wanton (wahn-t[schwa]n), adj. Unreasonably or maliciously risking harm while being utterly indifferent to the consequences. • In criminal law, wanton usu. connotes malice (in the criminal-law sense), while reckless does not. Cf. RECKLESS; WILLFUL. [Cases: Criminal Law 23; Negligence 275. C.J.S. Criminal Law § 38; Negligence §§ 98–103, 106–113, 913–914.] “Wanton differs from reckless both
labor contract (集体)劳动合同 僱主与僱员(工会)之间签订的有关劳动条件、工资、福利待遇和劳动争议解决机制等内容的合同。 (→collective bargaining agreement; master agreement; union contract)
Scots law. An irregular marriage created by cohabitation that implies a mutual agreement to be married. • This type of marriage is still recognized in Scotland. See Scotch marriage.
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nonstaple. Patents. An unpatented thing or material that is a component of a patented product or is used in a patented process, but that has little or no other practical use. • Patentees have a limited right to control the market for nonstaples through tying agreements. But if the thing supplied is a staple, the
Liability based on some degree of blameworthiness. — Also termed fault-based liability. Cf. strict liability.
compromise, n. 1. An agreement between two or more persons to settle matters in dispute between them; an agreement for the settlement of a real or supposed claim in which each party surrenders something in concession to the other. — Also termed compromise and settlement; (erroneously) compromise settlement. [Cases: Com-promise and Settlement 1. C.J.S. Compromise
A contract in which one party agrees to perform and the other agrees to pay for the promised performance even if performance is never demanded. • Pay-or-play contracts are usu. made in the entertainment industry.
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malpractice (mal-prak-tis). An instance of negligence or incompetence on the part of a professional. • To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages. — Also termed professional negligence. [Cases: Negligence 321. C.J.S. Negligence § 162.] legal malpractice. A lawyer’s failure to render professional services with the skill, prudence,