Damage - Law Dictionary Search Results
Home Dictionary Name: damage Page: 3 Page 3 of about 857 results (0.004 seconds)Compensation and market value
Compensation and market value, market value cannot be equated to compensation. The market value is only one of the components in the determination of the amount of compensation, Periyar and Pareekanni Rubber Ltd. v. State of Kerala, (1991) 4 SCC 195 (211)....
Double or treble damages
Double or treble damages are given in some cases, by particular statutes; see, e.g., 2 Wm. & M. sess. 1, c. 5, ss. 4 and 5, which gave double and treble damages for pound breach and wrongful sale upon a distress respectively, but at common law the damages are always single. They are not reckoned in the same manner as double and treble costs, but arithmetically....
Retrenchment compensation
Retrenchment compensation, 'retrenchment com-pensation' is not a retirement benefit at all. As the expression 'retrenchment compensation' indicate it is compensation paid to a workman on his retrenchment and it is intended to give him some relief and to soften the rigour of hardship which retrenchment inevitably causes, Indian Hume Pipe Co. Ltd. v. Workmen, AIR 1960 SC 251 (253): (1960) 2 SCR 32. (Industrial Disputes Act, 1947, s. 25F)...
Sounding in damages
Sounding in damages. An action is said to sound in damages when it is brought for the recovery of unascertained damages....
mitigation of damages
mitigation of damages 1 : a doctrine in tort and contract law: a person injured by another is required to mitigate his or her losses resulting from the injury [whether the patient shares any fault and whether the patient has satisfied the requirements of mitigation of damages "D'Aries v. Schell, 644 A.2d 134 (1994)"] ;also : an affirmative defense based on this doctrine called also avoidable consequences 2 : a reduction in the amount of damages awarded a party ...
damage
damage [Old French, from dam injury, harm, from Latin damnum financial loss, fine] 1 : loss or harm resulting from injury to person, property, or reputation 2 pl : the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages may be awarded for a single injury. actual damages : damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered called also compensatory damages consequential damages : special damages in this entry direct damages : damages for a loss that is an immediate, natural, and foreseeable result of the wrongful act compare special damages in this entry ex·em·pla·ry damages [ig-zem-plə-r...
civil damage act
civil damage act : dram shop act ...
Vindictive damage
Vindictive damage, damages given on the principle of punishing the defendant, over and above compensating the plaintiff [recognized by Bowen, L.J., in Whitham v. Kershaw, (1886) 16 QBD 613-where, however, these damages were not, and could not have been, given]....
Special damage
Special damage, such a loss as the law will not presume to be the consequence of the defendant's act, but which depends in part at least on the special circumstances of the case. It must therefore be explicitly claimed on the pleadings, and at the trial it must be proved by evidence both that the loss was incurred and that it was the direct result of the defendant's conduct. a mere expectation or apprehension of loss is not sufficient (Odgers on Pleading)....
Damage-cleer
Damage-cleer [fr. damna dericorum,Lat.], a fee assessed of the tenth part in the Common Pleas, and the twentieth part in the King's Bench and Exchequer, out of all damages exceeding five marks recovered in those courts, in actions upon the case, covenant, trespass, etc., wherein the damages were uncertain; which the plaintiff was obliged to pay to the prothonotary or the officer of the court wherein he recovered, before he could have execution for the damages. This was originally a gratuity, given to the prothonotaries and their clerks, for drawing special writs and pleadings; but it was taken away by 17 Car. 2, c. 6....
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