prove up
prove up, vb. To present or complete the proof of (something) (deciding not to put a doctor on the stand, the plaintiff attempted to prove up his damages with medical records only).
Search Results for: DAMAGE
prejudgment interest
Statutorily prescribed interest accrued either from the date of the loss or from the date when the complaint was filed up to the date the final judgment is entered. • Prejudgment interest is usu. calculated only for liquidated sums. Depending on the statute, it may or may not be an element of damages. — Also
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noctanter
noctanter (nok-tan-t[schwa]r), n. [Latin “by night”] Hist. A chancery writ issued to a sheriff as a first step in the recovery of damages for destroying a ditch or hedge. • The neighboring villagers (vills) were held liable for the damages unless they indicted the offender.
dram shop act
A statute allowing a plaintiff to recover damages from a commercial seller of alcoholic beverages for the plaintiff’s injuries caused by a customer’s intoxication. — Also termed civil-liability act; civil-damage law. [Cases: Intoxicating Liquors 282–324. C.J.S. Intoxicating Liquors §§ 428–463.]
disturbance of tenure
disturbance of tenure. A stranger’s ouster of a tenant from a tenancy. • The tenant’s lord could recover damages for the ouster.
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willful and malicious injury
Bankruptcy. Under the statutory exception to discharge, damage to another entity (such as a creditor) caused by a debtor intentionally performing a wrongful act — without just cause or excuse — that the debtor knew was certain or substantially certain to cause injury. 11 USCA § 523(a)(6). [Cases: Bankruptcy 3355. C.J.S. Bankruptcy § 332.]
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writ of waste
writ of waste. Hist. A writ to recover damages against a tenant who committed waste. See WASTE(1). [Cases: Waste 14. C.J.S. Waste § 23.] “After waste had been actually committed, the ancient corrective remedy, in a court of common law, was by a writ of waste for the recovery of the place wasted, and treble
negligent infliction of emotional distress
negligent infliction of emotional distress. The tort of causing another severe emotional distress through one’s negligent conduct. • Most courts will allow a plaintiff to recover damages for emotional distress if the defendant’s conduct results in physical contact with the plaintiff or, when no contact occurs, if the plaintiff is in the zone of danger.
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master in chancery
master in chancery. 1. An officer appointed by a court of equity to assist the court. 2. English law. (usu. cap.) A senior official or clerk of a court of chancery who assists the Chancellor in various duties such as inquiring into matters referred by the court, examining cases, taking oaths and affidavits, hearing testimony,
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reparation
reparation (rep-[schwa]-ray-sh[schwa]n). 1. The act of making amends for a wrong. 2. (usu. pl.) Compensation for an injury or wrong, esp. for wartime damages or breach of an international obligation.