recovery. 1. The regaining or restoration of something lost or taken away. 2. The obtainment of a right to something (esp. damages) by a judgment or decree. 3. An amount awarded in or collected from a judgment or decree. double recovery. 1. A judgment that erroneously awards damages twice for the same loss, based on […]
additur (ad-[schwa]-tuur). [Latin “it is added to”] A trial court’s order, issued usu. with the defendant’s consent, that increases the jury’s award of damages to avoid a new trial on grounds of inadequate damages. • The term may also refer to the increase itself, the procedure, or the court’s power to make the order. —
An intentional breach of contract and payment of damages by a party who would incur greater economic loss by performing under the contract. See EFFICIENT-BREACH THEORY.
injuria absque damno (in-joor-ee-[schwa] abs-kwee dam-noh). [Latin “injury without damage”] A legal wrong that will not sustain a lawsuit because no harm resulted from it. — Also termed injuria sine damno. Cf. DAMNUM SINE INJURIA . “Just as there are cases in which damage is not actionable as a tort (damnum sine injuria), so conversely
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smart money. 1. Funds held by sophisticated, usu. large investors who are considered capable of minimizing risks and maximizing profits (the smart money has now left this market). 2. See punitive damages under DAMAGES ( although the jury awarded only $7,000 in actual damages, it also awarded $500,000 in smart money).
propter rem ipsam non habitam (prop-t[schwa]r rem ip-s[schwa]m non hab-[ schwa]-t[schwa]m). [Law Latin] Hist. On account of not having had possession of the thing itself. • The phrase appeared in reference to damages suffered by a party who failed to receive a thing for which the party had contracted.
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sabotage (sab-[schwa]-tahzh), n. 1. The destruction, damage, or knowingly defective production of materials, premises, or utilities used for national defense or for war.18 USCA §§ 2151 et seq. [Cases: War and National Emergency 53. C.J.S. War and National Defense § 67.] 2. The willful and malicious destruction of an em-ployer’s property or interference with an
deceit, n. 1. The act of intentionally giving a false impression (the juror’s deceit led the lawyer to believe that she was not biased). 2. A false statement of fact made by a person knowingly or recklessly (i.e., not caring whether it is true or false) with the intent that someone else will act upon
wrongful-death statute. A statute authorizing a decedent’s personal representative to bring a wrongful-death action for the benefit of certain beneficiaries. — Formerly also termed death-damage statute. [Cases: Death 11. C.J.S. Death § 20.]
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