lost earning capacity. A person’s diminished earning power resulting from an injury. • This impairment is recoverable as an element of damages in a tort action. Cf. lost earnings under EARNINGS. [Cases: Damages 38. C.J.S. Damages § 56.] “To some extent the phrases ‘loss of earnings’ and ‘loss of earning capacity’ are used interchangeably. But […]
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A prejudgment attachment in which the debtor’s property is seized so that if the creditor ultimately prevails, the creditor will be assured of recovering on the judgment through the sale of the seized property. • Ordinarily, a hearing must be held before the attachment takes place, and most courts require the creditor to post a
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At common law, an original writ issued when the plaintiff seeks specific damages, such as payment of a liquidated debt. • The writ commands the defendant either to do a specified thing or to show why the thing has not been done.
notice of protest. 1. A statement, given usu. by a notary public to a drawer or indorser of a negotiable instrument, that the instrument was neither paid nor accepted; information provided to the drawer or indorser that protest was made for nonacceptance or nonpayment of a note or bill. See PROTEST(2). [Cases: Bills and Notes
occurrence. Something that happens or takes place; specif., an accident, event, or continuing condition that results in personal injury or property damage that is neither expected nor intended from the standpoint of an insured party. • This specific sense is the standard definition of the term under most liability policies. [Cases: Insurance 2101, 2275. C.J.S.
metus (mee-t[schwa]s), n. [Latin] Roman law. 1. Fear of imminent danger; apprehension of serious danger, esp. in the form of duress to force a person to do something; the use of threats to bring about some end. • Metus was more comprehensive than duress is in Anglo-American law. It included fear of any evil that
false advertising, n. 1. The tortious and sometimes criminal act of distributing an advertisement that is untrue, deceptive, or misleading; esp., under the Lanham Trademark Act, an advertising statement that tends to mislead consumers about the characteristics, quality, or geographic origin of one’s own or someone else’s goods, services, or commercial activity. • Under §
exemption clause. A contractual provision providing that a party will not be liable for damages for which that party would otherwise have ordinarily been liable. Cf. EXCEPTION CLAUSE; EXCULPATORY CLAUSE; INDEMNITY CLAUSE. [Cases: Contracts 114. C.J.S. Contracts § 271.] “An exemption clause may take many forms, but all such clauses have one thing in common
death statute. A law that protects the interests of a decedent’s family and other dependents, who may recover in damages what they would reasonably have received from the decedent if the death had not occurred. Cf. SURVIVAL STATUTE . [Cases: Death 7, 10. C.J.S. Death §§ 17–18, 21, 28, 102.]
A judgment for the defendant providing that the plaintiff recover nothing in damages or other relief. — Also termed (in some states) no cause of action.
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