A loss arising from the results of damage rather than from the damage itself. • A consequential loss is proximate when the natural and probable effect of the wrongful conduct, under the circumstances, is to set in operation the intervening cause from which the loss directly results. When the loss is not the natural and […]
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rusticum judicium (r[schwa]s-ti-k[schwa]m joo-dish-ee-[schwa]m). 1. The division of liability so that one party (usu. a defendant) must pay only part (usu. half) of another party’s (usu. the plaintiff’s) loss. • Rusticum judicium originated in 17th century maritime law as a means of efficiently resolving collision cases in which both ships were at fault. In maritime
A provision in some commercial general liability policies, excluding coverage for property damage to a product that is manufactured, sold, handled, distributed, or disposed of by the insured. [Cases: Insurance 2278(21).]
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imply, vb. 1. To express or involve indirectly; to suggest (the opinion implies that the court has adopted a stricter standard for upholding punitive-damages awards). Cf. INFER. 2. (Of a court) to impute or impose on equitable or legal grounds (the court implied a contract between the parties). 3. To read into (a document) (citing
Interest at a rate agreed to by the parties themselves, as distinguished from that prescribed by law. Cf. interest as damages. [Cases: Interest 4, 32. C.J.S. Interest and Usury; Consumer Credit § 9, 38.]
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Civil procedure. In federal practice, the requirement that parties make available to each other the following information without first receiving a discovery request: (1) the names, addresses, and telephone numbers of persons likely to have relevant, discoverable information, (2) a copy or description of all relevant documents, data compilations, and tangible items in the party’s
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irreparable-injury rule (i-rep-[schwa]-r[schwa]-b[schwa]l). The principle that equitable relief (such as an injunction) is available only when no adequate legal remedy (such as monetary damages) exists. • Although this rule is one that courts continue to cite, the courts do not usu. follow it literally in practice. — Also termed adequacy test. [Cases: Injunction 14, 138.
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benefit-of-the-bargain rule. 1. The principle that a party who breaches a contract must pay the aggrieved party an amount that puts that person in the same financial position that would have resulted if the contract had been fully performed. [Cases: Damages 117.] 2. The principle that a defrauded buyer may recover from the seller as
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惩罚性（惩戒性）损害赔偿 英语：punitive (exemplary) damages 法语：dommages- intérêts punitifs, à caractère répressif 德语：verschärfter (pönalisierender) Schadensersatz 意大利语：danni punitivi (al di là del danno subito) 西班牙语：daños punitivos
A party in whose favor a judgment is rendered, regardless of the amount of damages awarded [in certain cases, the court will award attorney’s fees to the prevailing party]. — Also termed successful party. See Buckhannon Bd. & Care Home, Inc. v. West Va. Dep’t of Health & Human Res., 532 U.S. 598, 603, 121