unica taxatio
unica taxatio (yoo-n[schwa]-k[schwa] tak-say-shee-oh). [Law Latin “a single taxation”] Hist. The practice of having the jury assess damages against a defaulting defendant as well as a defendant who contests the case.
Search Results for: DAMAGE
hadley v baxendale rule
Hadley v. Baxendale rule. Contracts. The principle that consequential damages will be awarded for breach of contract only if it was foreseeable at the time of contracting that this type of damage would result from the breach. Hadley v. Baxendale, 9 Exch. 341 (1854). • Hadley v. Baxendale is best known for its impact on
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stream of commerce theory
stream-of-commerce theory. 1. The principle that a state may exercise personal jurisdiction over a defendant if the defendant places a product in the general marketplace and the product causes injury or damage in the forum state, as long as the defendant also takes other acts to establish some connection with the forum state, as by
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excess theory
excess theory. Insurance. The principle that a tortfeasor will be considered underinsured if the injured party’s damages exceed the tortfeasor’s liability-insurance coverage. • This principle allows an injured party to invoke underinsured-motorist coverage. Cf. GAP THEORY. [Cases: Insurance 2787. C.J.S. Insurance § 1657.]
dilapidation
dilapidation. (often pl.) Damage to a building resulting from acts of either commission or omission. • A dilapidation may give rise to liability if it constitutes an act of waste, a breach of contract, or a statutory violation.
Federal Tort Claims Act
A statute that limits federal sovereign immunity and allows recovery in federal court for tort damages caused by federal employees, but only if the law of the state where the injury occurred would hold a private person liable for the injury. 28 USCA §§ 2671–2680. — Abbr. FTCA. See sovereign immunity under IMMUNITY(1). [Cases: United
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before and after theory
before-and-after theory. Antitrust. A method of determining damages for lost profits (and sometimes overcharges), whereby the plaintiff’s profits are examined before, during, and after the violation to estimate the reduction in profits due to the defendant’s violation. — Also termed before-and-after method. Cf. YARDSTICK THEORY; MARKET-SHARE THEORY. “In its simplest form, the [before-and-after] theory looks
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united states court of federal claims
United States Court of Federal Claims. A specialized federal court created under Article I of the Constitution in 1982 (with the name United States Claims Court) as the successor to the Court of Claims, and renamed in 1992 as the United States Court of Federal Claims. • It has original, nationwide jurisdiction to render a
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reliance interest
The interest of a nonbreaching party in being put in the position that would have resulted if the contract had not been made, including out-of-pocket costs. [Cases: Damages 117.]