DAMNUM EMERGENS

damnum emergens

damnum emergens (dam-n[schwa]m i-m[schwa]r-jenz). [Latin “damage arising”] Hist. An actual realized loss (such as a decline in the value of property) as opposed to an expected future loss (such as loss of profit); consequential loss. “These kinds of damage are distinguished by the commentators as damnum emergens and lucrum cessans, which may be rendered ‘positive […]

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