money judgment
A judgment for damages subject to immediate execution, as distinguished from equitable or injunctive relief. — Also termed judgment for money.
Search Results for: DAMAGE
de melioribus damnis
de melioribus damnis (dee mee-lee-or-[schwa]-b[schwa]s dam-nis). [Law Latin] Of the better damages. • This term describes a plaintiff’s election of the defendant against which to take judgment when the jury has mistakenly awarded separate damages against two or more defendants for a joint tort. Under these circumstances, the plaintiff could take a judgment against the
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malicious prosecution
malicious prosecution. 1. The institution of a criminal or civil proceeding for an improper purpose and without probable cause. • The tort requires an adversary to prove four elements: (1) the initiation or continuation of a lawsuit; (2) lack of probable cause; (3) malice; and (4) favorable termination of the lawsuit. Restatement (Second) of Torts
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swell
swell, n. 1. An expansion in the bulk of something (a swell resulting from defective canning procedures). 2. A gradual rise of something (a swell of damages). 3. A large, unbroken wave; the collective waves, particularly following a storm (a rough swell caused the shipwreck).
in quantum locupletiores facti sumus ex damno alterius
in quantum locupletiores facti sumus ex damno alterius (in kwon-t[schwa]m lok-yoo-plee-shee-or-eez fak-tIs[y]oo-m[schwa]s eks dam-noh al-teer-ee-[ schwa]s). [Latin] Roman law. Insofar as we have been enriched to the loss or by the damage of another. • The phrase appeared in reference to the rule by which certain persons were bound in restitution to the extent of
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risk of loss
risk of loss. The danger or possibility that a party will have to bear the costs and expenses for the damage, destruction, or inability to locate goods or other property.
de parco fracto
de parco fracto (dee pahr-koh frak-toh), n. [Law Latin “of pound breach”] Hist. A writ against someone, esp. an owner, who breaks into a pound to rescue animals that have been legally distrained and impounded. “And, being thus in the custody of the law, the taking them back by force is looked upon as an
remoteness of consequence
remoteness of consequence. Torts. The lack of proximate causation with respect to an alleged act by a defendant. • Even if the plaintiff proves every other element for tortious liability, the defendant will not be liable if the harm that the plaintiff has suffered is too far removed from the defendant’s conduct. — Also termed
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non damnificatus
non damnificatus (non dam-n[schwa]-f[schwa]-kay-t[schwa]s). [Latin “he is not damaged”] In an action of debt on a bond that holds the plaintiff harmless, the defendant’s plea that the plaintiff has not been damaged.
wantonness
wantonness, n. Conduct indicating that the actor is aware of the risks but indifferent to the results. • Wantonness usu. suggests a greater degree of culpability than recklessness, and it often connotes malice in criminal-law con-texts. Cf. RECKLESSNESS. [Cases: Damages 91(1); Negligence 275; Sentencing and Punishment 1438. C.J.S. Criminal Law §§ 1593–1594, 1596; Damages §§