remittit damna
remittit damna (ri-mit-it dam-n[schwa]). [Latin] Hist. An entry on the record by which a plaintiff declares that he or she remits part of the damages that have been awarded. — Also termed remittitur damna; remittitur damnum.
Search Results for: DAMAGE
money claim
money claim. Hist. Under the English Judicature Act of 1875, money claimed as damages, as for breaches of contract and rent arrearages.
demurrage
demurrage (di-m[schwa]r-ij). (usu. pl.) Maritime law. 1. Liquidated damages owed by a charterer to a shipowner for the charterer’s failure to load or unload cargo by the agreed time. [Cases: Shipping 170. C.J.S. Shipping §§ 431–432.] contract demurrage. A demurrage paid by a vessel’s charterer if the time to load or unload the vessel at
wrongful death action
wrongful-death action. A lawsuit brought on behalf of a decedent’s survivors for their damages resulting from a tortious injury that caused the decedent’s death. — Also termed death action; death case. Cf. SURVIVAL ACTION. [Cases: Death 7–12. C.J.S. Aeronautics and Aerospace § 273; Death §§ 17–31, 102.]
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yardstick theory
Antitrust. A method of determining damages for lost profits (and sometimes overcharges) whereby a corporate plaintiff identifies a company similar to the plaintiff but without the impact of the antitrust violation. Cf. BEFORE-AND-AFTER THEORY; MARKET-SHARE THEORY.
temporary taking
A government’s taking of property for a finite time. • The property owner may be entitled to compensation and damages for any harm done to the property.
particular average
Average resulting from an accidental partial loss or damage. • Any average that is not general is termed particular. The liability is borne solely by the person who suffered the loss. — Also termed simple average; partial average; petty average.
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harm
harm, n. Injury, loss, damage; material or tangible detriment. accidental harm. Harm not caused by any tortious act. bodily harm. Physical pain, illness, or impairment of the body. grievous bodily harm. See serious bodily injury under INJURY. physical harm. Any physical impairment of land, chattels, or the human body. serious bodily harm. See serious bodily
noxal action
noxal action.[fr. Latin actio noxalis “injurious action”] 1. Roman law. The claim against an owner or father for a tort committed by a son, a slave, or an animal. • The head of the family could be sued either to pay a penalty due or to surrender the tortfeasor to the injured party. Roman law
unclean bill of lading
A bill of lading that shows on its face that the goods were damaged or that there was a shortage of goods at the time of shipment. — Also termed claused bill of lading; foul bill of lading. Cf. clean bill of lading.
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