An insurance policy in which the sum to be paid when a loss occurs is fixed by the terms of the contract. • The value agreed on is conclusive for a total loss and provides a basis for determining recovery in cases of partial loss. This value is in the nature of liquidated damages. [Cases: […]
Slander that does not qualify as slander per se, thus forcing the plaintiff to prove special damages. [Cases: Libel and Slander 11, 33. C.J.S. Libel and Slander; Injurious Falsehood § 198.]
damna (dam-n[schwa]), n. [fr. Latin damnum “damage; loss”] Hist. 1. Damages, exclusive of costs. 2. Damages, inclusive of costs. 3. The abbreviation of damna clericorum, the Latin equivalent to damage-cleer, being a portion of damages constituting the clerk’s fee. See DAMAGE-CLEER.
An agreement to indemnify for a loss due to personal injury or property damage arising from the use of an automobile, regardless of who caused the accident. [Cases: Insurance 2817–2856. C.J.S. Insurance §§ 928–929, 1587–1589, 1591–1595, 1601–1602, 1609, 1612–1623, 1645–1646.]
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least-intrusive-remedy doctrine. The rule that a legal remedy should provide the damaged party with appropriate relief, without unduly penalizing the opposing party or the jurisdiction’s legal system, as by striking only the unconstitutional portion of a challenged statute while leaving the rest intact. [Cases: Statutes 64(1). C.J.S. Statutes §§ 83–85.]
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versari in re illicita (v[schwa]r-sair-I in ree i-lis-[schwa]-t[schwa]). [Latin] To be engaged in an unlawful activity (as a bar to a claim for damages).
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(ak-shee-oh k[schwa]-l[schwa]m-nee-ee).Roman law. An action to restrain, or collect damages for, a malicious civil suit. • The victim could also pursue criminal charges. Pl. actiones calumniae See CALUMNIA.
Hist. A writ for one claiming damages as a result of a breach of a promise under seal or other covenant. — Also termed breve de conventione (breev orbree-vee dee k[schwa]n-ven-shee-oh-nee).