damni injuria actio
damni injuria actio (dam-nI in-joor-ee-[schwa] ak-shee-oh). [Latin “an action for wrongful damage”] See actio damni injuria under ACTIO.
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Search Results for: DAMAGE
pauperies
pauperies (paw-p[schwa]r-eez), n. [Latin “impoverishment”] Roman law. Damage done by a domesticated four-footed animal. • The animal’s owner was liable for the damage. See actio de pauperie under ACTIO.
coverture
coverture (k[schwa]v-[schwa]r-ch[schwa]r also -tyoor), n. Archaic. The condition of being a married woman (under former law, a woman under coverture was allowed to sue only through the personality of her husband). See feme covert under FEME. [Cases: Husband and Wife 55.] — covert (k[schwa]v-[schwa]rt), adj. “Coverture, is a french word signifying any thing that covereth,
excessive verdict
A verdict that results from the jury’s passion or prejudice and thereby shocks the court’s conscience. [Cases: Damages 128; Federal Civil Procedure 2345; New Trial 77(2). C.J.S. Damages §§ 384, 387–394; New Trial §§ 101, 103.]
yardstick theory
yardstick theory. Antitrust. A method of determining damages for lost profits (and sometimes overcharges) whereby a corporate plaintiff identifies a company similar to the plaintiff but without the impact of the antitrust violation. Cf. BEFORE-AND-AFTER THEORY; MARKET-SHARE THEORY. “To the extent that either the markets or firms being compared are dissimilar, the yardstick theory will
exemplary
exemplary, adj. 1. Serving as an ideal example; commendable (exemplary behavior). 2. Serving as a warning or deterrent; admonitory (exemplary damages).
penal
penal (pee-n[schwa]l), adj. Of, relating to, or being a penalty or punishment, esp. for a crime. “The general rule is that penal statutes are to be construed strictly. By the word ‘penal’ in this connection is meant not only such statutes as in terms impose a fine, or corporal punishment, or forfeiture as a consequence
loss of consortium
loss of consortium (k[schwa]n-sor-shee-[schwa]m). 1. A loss of the benefits that one spouse is entitled to receive from the other, including companionship, cooperation, aid, affection, and sexual relations. • Loss of consortium can be recoverable as damages from a tortfeasor in a personal-injury or wrongful-death action. Originally, only the husband could sue for loss of
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plus quam tolerabile
plus quam tolerabile (pl[schwa]s kwam tol-[schwa]-rab-[schwa]-lee). [Latin] Hist. More than can be endured. • The phrase appeared in reference to damage to crops from unavoidable causes (vis major).
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prophylactic cost
A party’s expenditures to prepare property to withstand or prevent potential future harm. • These costs are not related to any existing property damage and are usu. not recoverable under insurance contracts.