Himalaya clause. Maritime law. A provision in a bill of lading extending the carrier’s defenses and limitations under the Carriage of Goods by Sea Act to third parties, typically employees, agents, and independent contractors. • The Supreme Court has held that this type of clause must be strictly construed. Robert C. Herd & Co. v. […]
detinue (det-i-nyoo or -noo). A common-law action to recover personal property wrongfully taken by another. Cf. REPLEVIN; TROVER. [Cases: Detinue 1. C.J.S. Detinue § 1.] “A claim in detinue lies at the suit of a person who has an immediate right to the possession of the goods against a person who is in actual possession
good-samaritan law. A statute that exempts from liability a person (such as an off-duty physician) who voluntarily renders aid to another in imminent danger but negligently causes injury while rendering the aid. • Some form of good-samaritan legislation has been enacted in all 50 states and in the District of Columbia. — Also written Good
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Oil & gas. A drilling contract under which the drilling contractor promises to perform specified functions for an agreed price. • The lease operator has little or no discretion to control the drilling contractor, and so assumes little or no liability for damages that the drilling may cause. Cf. daywork drilling contract; footage drilling contract.
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economic loss. A monetary loss such as lost wages or lost profits. • The term usu. refers to a type of damages recoverable in a lawsuit. For example, in a products-liability suit, economic loss includes the cost of repair or replacement of defective property, as well as commercial loss for the property’s inadequate value and
nocumentum (nok-y[schwa]-men-t[schwa]m). [fr. Latin nocere “to harm”] Hist. A nuisance. • There was no remedy at law for a nuisance causing only property damage, but there was a remedy for a nuisance causing injury.
scienter action. A lawsuit in which the plaintiff must prove that the defendant acted knowingly or knew of the danger — e.g., at common law an action for damage caused by a domestic animal. See SCIENTER.
rule of the floating subtrahend. The common-law doctrine that a plaintiff whose damage was not caused entirely by the defendant must prove the amount of damage that is not attributable to the defendant (the subtrahend) or else recover nothing. • The reasoning behind the rule is that damage is an essential element of a tort
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friendly fire. 1. A fire burning where it is intended to burn, yet capable of causing unintended damage. 2. Military or police gunfire that injures one’s own side.
settlement credit. Civil procedure. A court’s reduction of the amount of a jury verdict — or the effect of the verdict on nonsettling defendants — to account for settlement funds the plaintiff has received from former defendants or from other responsible parties. [Cases: Compromise and Settlement 15(1); Damages 63. C.J.S. Compromise and Settlement §§ 32–33,