earning capacity. A person’s ability or power to earn money, given the person’s talent, skills, training, and experience. • Earning capacity is one element considered when measuring the damages recoverable in a personal-injury lawsuit. And in family law, earning capacity is considered when awarding child support and spousal maintenance (or alimony) and in dividing property […]
The complete destruction of insured property so that nothing of value remains and the subject matter no longer exists in its original form. • Generally, a loss is total if, after the damage occurs, no substantial remnant remains standing that a reasonably prudent uninsured owner, desiring to rebuild, would use as a basis to restore
major–minor fault rule. Maritime law. The principle that if the fault of one vessel in a collision is uncontradicted and sufficient to account for the accident, then the other vessel is presumed not to have been at fault and therefore not to have contributed to the accident. • The elimination of the divided-damages rule has
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judgment-proof, adj. (Of an actual or potential judgment debtor) unable to satisfy a judgment for money damages because the person has no property, does not own enough property within the court’s jurisdiction to satisfy the judgment, or claims the benefit of statutorily exempt property. — Also termed execution-proof.
Gloucester, Statute of (glos-t[schwa]r). Hist. A statute that allowed a successful plaintiff to recover costs in addition to damages. • The statute was enacted in Gloucester.6 Edw. 1, ch. 1 (1278).
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sound, adj. 1. (Of health, mind, etc.) good; whole; free from disease or disorder. [Cases: Mental Health 3. 1.] 2. (Of property) good; marketable. 3. (Of discretion) exercised equitably under the circumstances. — soundness, n. sound, vb. 1. To be actionable (in) (her claims for physical injury sound in tort, not in contract). 2. To
The common-law misdemeanor of intentionally destroying or damaging another’s property. • Although modern statutes predominantly make this offense a misdemeanor, a few make it a felony (depending on the nature of the property or its value). See Model Penal Code § 220.3. — Also termed malicious mischief and trespass; malicious injury; malicious trespass; malicious damage;
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products-liability action. A lawsuit brought against a manufacturer, seller, or lessor of a product — regardless of the substantive legal theory or theories upon which the lawsuit is brought — for personal injury, death, or property damage caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. — Also termed product-liability
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pure-comparative-negligence doctrine. The principle that liability for negligence is apportioned in accordance with the percentage of fault that the fact-finder assigns to each party and that a plaintiff’s percentage of fault reduces the amount of recoverable damages but does not bar recovery. See comparative negligence under NEGLIGENCE; APPORTIONMENT OF LIABILITY. Cf. 50-PERCENT RULE. [Cases: Negligence
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A provision in some commercial general liability policies, excluding coverage for bodily injury or property damages arising from the discharge, dispersal, release, or escape of chemicals, waste, acid, and other pollutants. • Pollution-exclusion clauses may take one of two forms: (1) sudden and accidental, and (2) absolute. The sudden-and-accidental clause, usu. limited to policies issued
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