conscience of the court. 1. The court’s equitable power to decide issues based on notions of fairness and justice. See EQUITY(4). 2. A standard applied by the court in deciding whether a party or a jury has acted within ac-ceptable limits. • Thus, in some cases, a jury’s award of damages is upset because it […]
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A provision in some commercial general liability policies, excluding coverage for damages arising from an oral or written communication made by the insured with knowledge that it is false. [Cases: Insurance 2303(2), 2313(2).]
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A bill of lading containing no clause or notation qualifying the bill’s terms. • Possible clauses or notations could include a provision for deck storage or a recording of cargo damage. Cf. unclean bill of lading. [Cases: Carriers 52(2). C.J.S. Carriers § 438.]
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Civil law. A negligent unlawful act that causes injury or loss to another and that gives rise to a claim for damages. • This is equivalent to the common-law tort of negligence. — Also termed quasi-delict. [Cases: Torts 1. C.J.S. Torts §§ 2–7.]
A trial that is divided into two stages, such as for guilt and punishment or for liability and damages. — Also termed two-stage trial. Cf. SEVERANCE(2). [Cases: Federal Civil Procedure 1954; Sentencing and Punishment 334; Trial 3. C.J.S. Criminal Law §§ 1497, 1499, 1531–1532, 1542; Trial §§ 17–27.]
损害赔偿（款项） 英语：damages (payment) 法语：dommages-intérêts 德语：Schadensersatz 意大利语：danni-interessi, indennità 西班牙语：daños, indemnización por daños y perjuicios
tortfeasor (tort-fee-z[schwa]r). One who commits a tort; a wrongdoer. concurrent tortfeasors. Two or more tortfeasors whose simultaneous actions cause injury to a third party. • Such tortfeasors are jointly and severally liable. [Cases: Negligence 421, 484; Torts 22. C.J.S. Negligence §§ 154–156, 198; Torts §§ 39–44.] consecutive tortfeasors. Two or more tortfeasors whose actions, while
An appeal having no legal basis, usu. filed for delay to induce a judgment creditor to settle or to avoid payment of a judgment. • Federal Rule of Appellate Procedure 38 provides for the award of damages and costs if the appellate court determines that an appeal is frivolous. Fed. R. App. P. 38. [Cases:
safe-berth clause. Maritime law. A provision in a voyage or time charterparty obligating the charterer to choose a berth for loading and unloading the chartered ship where the ship will be safe from damage. • The ship’s master can refuse to enter the berth without breaching the charter. But if the master reasonably enters the
answer, n. 1. A defendant’s first pleading that addresses the merits of the case, usu. by denying the plaintiff’s allegations. • An answer usu. sets forth the defendant’s defenses and counterclaims. [Cases: Pleading 76–87. C.J.S. Pleading §§ 159–162, 164, 168–173.] false answer. A sham answer in a pleading. See sham pleading under PLEADING (1). [Cases: