Damages - Law Dictionary Search Results
diminution in value
diminution in value :a theory of property damages in which the measure of damages for the breach of a contract or lease is equal to the
eminent domain
of property taken by eminent domain, stating “nor shall private property be taken for public use, without just compensation.” State constitutions contain similar provisions requiring that the property owner receive just compensation for the property taken.
Letters-patent, or letters overt
invention. Upon infringement of the patent the patentee can protect his rights by injunction and a claim for damages. The patent is valid for 16 years with a further period of 7 to 14 years if the
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emolument
emolument : a return arising from office or employment usually in the form of compensation or perquisites [the President shall, at stated times, receive for his services, a compensation…and he shall not receive
emotional distress
a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another's conduct and for which damages may be sought called also emotional harm mental anguish mental distress mental disturbance mental suffering see also outrage,
employee
In determining whether an individual is an employee, courts look at several factors, including the nature of the compensation paid, provision for employee benefits, whether the hired party is in business, tax treatment of the hired party,
gift
property and investing it in the donee who accepts it ;broadly : a voluntary transfer of property without compensation see also delivery compare donation, sale class gift : a usually testamentary gift of a sum to a
liability
as distinguished from criminal laws ;also : the state of being subject to civil sanctions (as restitution or damages) [the acquittal does not relieve the corporation of civil liability for its fraud] see also tort NOTE: Civil
malicious prosecution
prosecution or civil suit against another party with malice and without probable cause ;also : an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages called
penalty clause
the event of a breach) and that is usually unenforceable NOTE: A penalty clause differs from a liquidated damages clause by not being tied to an estimate of possible actual damages. 2 : a clause in a
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