pain and suffering
pain and suffering. Physical discomfort or emotional distress compensable as an element of damages in torts. See DAMAGES. [Cases: Damages 31, 48. C.J.S. Damages §§ 92, 94; Torts § 66.]
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Search Results for: DAMAGE
exemption clause
A contractual provision providing that a party will not be liable for damages for which that party would otherwise have ordinarily been liable. Cf. EXCEPTION CLAUSE; EXCULPATORY CLAUSE; INDEMNITY CLAUSE. [Cases: Contracts 114. C.J.S. Contracts § 271.]
nomine damni
nomine damni (nahm-[schwa]-nee dam-nI), adv. [Latin] Scots law. By way of damage. • A person was required to pay interest nomine damni.
emotional distress
emotional distress. A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION
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larger parcel
larger parcel. Eminent domain. A portion of land that is not a complete parcel, but is the greater part of a bigger tract, entitling the owner to damages both for the parcel taken and for severance from the larger tract. • To grant both kinds of damages, a court generally requires the owner to show
assize of nuisance
Hist. A writ available to a landowner suffering from a nuisance on another’s land; a writ to abate a nuisance. • This writ also entitled a successful plaintiff to damages. — Also termed assisa de nocumento.
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stranding
stranding, n. Maritime law. A ship’s drifting, driving, or running aground on a strand. • The type of stranding that occurs determines the method of apportioning the liability for any resulting losses. [Cases: Salvage 9, 30. C.J.S. Salvage §§ 12, 81.] accidental stranding. Stranding as a result of natural forces, such as wind and waves.
ad libitum
ad libitum (ad lib-i-t[schwa]m), adv. [Law Latin] At pleasure. • The modern term ad-lib (adj. & vb.), borrowed from drama and music, is essentially the same; it means “at the performer’s pleasure,” and allows the performer discretion in innovating a part impromptu. “[B]ut in actions where the damages are precarious, being to be assessed ad
lay
lay, adj. 1. Not ecclesiastical; nonclerical. 2. Not expert, esp. with reference to law or medicine; nonprofessional. lay, n. Maritime law. A share of the profits of a fishing or whaling trip, akin to wages, allotted to the officers and seamen. [Cases: Seamen 28. C.J.S. Seamen §§ 109–112.] lay, vb. To allege or assert. “The
breakage
breakage. 1. An allowance given by a manufacturer to a buyer for goods damaged during transit or storage. 2. Insignificant amounts of money retained by racetrack promoters from bets. • The retention of these small sums avoids the inconvenience of counting and paying out inconsequential winnings. [Cases: Gaming 9.]