impact rule. Torts. The common-law requirement that physical contact must have occurred to allow damages for negligent infliction of emotional distress. • This rule has been abandoned in most jurisdictions. — Also termed physical-impact rule. [Cases: Damages 50. C.J.S. Damages § 96; Torts §§ 74, 80–81, 83.]
wrongful adoption. 1. An adoption in which the adoption agency fails to provide adoptive parents with full or accurate information regarding the child’s physical or psychological background. • The adoptive parents normally do not seek to nullify the adoption. Rather, they seek damages, usu. for medical care and for emotional distress. 2. An adoptive parent’s
An agreement between two or more persons to commit an unlawful act that causes damage to a person or property. [Cases: Conspiracy 1.1. C.J.S. Conspiracy §§ 2–3, 8, 14–17.]
damnification, n. Something that causes damage (damnification in the form of a penalty).
sound a. (1)健康的；正常的 (2)完全的；充分的 (3)有效的；合法的 (4)可出售的 (5)正确的；合理的 (6)明智的 v. (7)与…有关联；使具有…的基本性质；目的在于；针对如要求损害赔偿的诉讼〔sounding in damages〕，它不要求返还如债一类的特定物，而只是要求确定实质上的损害。
new-for-old. 1. Marine insurance. In adjusting a partial marine-insurance loss, the principle that old materials apply toward payment of the new, so that the old material’s value is deducted from the total repair expenses, and then from that balance one-third of the cost of repairs (one-third of the new materials for the old on the
Rule of Hadley v. Baxendale 哈德利诉巴克森德案规则根据该项规则，只有当当事人在缔约时已经预料到「特别损失」或「间接损失」〔special or consequential damages〕是违约的可能结果时，才应予以赔偿。(→Hadley v. Baxendale; consequential damages)
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civil-authority clause. Insurance. A clause, esp. in a fire-insurance policy, insuring against damages caused by firefighters, police, or other civil authority. [Cases: Insurance 2157, 2163. C.J.S. Insurance § 1074.]
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An injury that is still in the process of being committed. • An example is the constant smoke or noise of a factory. — Also termed continuing harm. [Cases: Damages 110. C.J.S. Damages §§ 135–136.]
hypothetical negotiation. A judicial construct used to calculate damages in a patent-infringement suit by arriving at a figure that would have been a reasonable royalty acceptable to both parties.
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