Damnum Fatale - Law Dictionary Search Results
Home Dictionary Name: damnum fataleDamnum fatale
Damnum fatale, fatal damage, for which bailees are not liable. Among fatal damages were included by the civilians losses by shipwreck, by lightning or other casualty, by superior force, and by robbery, but not by theft, Story on Bailments, 471...
Act of God
Act of God, a direct, violent, sudden, and irresistible act of nature, which could not, by any reasonable care, have been foreseen or resisted, see Nugent v. Smith, (1876) 1 CPD 423. The general rule is that where the law creates a duty and the party is disabled from performing it, without any default of his own, by the act of God or the King's enemies, the law will excuse him; but when a party by his own contract creates a duty he is bound to make it good, notwithstanding any accident by inevitable necessity, Nichols v. Marsland, (1876) 2 Ex D 4. See also Common Carrier, tit. CARRIER.Accidental fire is not an act of God which can be traced to natural causes, Patel Roadways Ltd. v. Birla Yamaha Ltd., (2000) 4 SCC 91.Means an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable, and irresistible, the effects of whi...
Damnum absque injuria
Damnum absque injuria, means if the law gives no remedy, there is 'damnum absque injuria' or damage without the right to recompense, Halsbury's Laws of England 12(1), para 802, p. 264.Damnum absque injuri', [a loss without a wrongful act). Loss without such injury as would give rise to an action for damages against the offending party. This is not actionable. Damnum sine injuri' esse potest, Lofft, 112. Thus, if I have a mill, and a neighbour builds another mill upon his own land, per quod the profit of my mill is diminished, yet no action lies against him, for every one may lawfully erect a mill upon his own ground; though if I have a mill by prescription on my own land, and another erects a new mill, which draws away some portion of the stream from mine, so as to diminish its former power, an action of trespass on the case will lie against him; and if I build a house on the edge of my lands, my neighbour may at any time within twenty years block out my light by any erection he please...
ad damnum
ad damnum [Latin, in accordance with the loss] : the claim for damages in a civil lawsuit [defendant's motion seeking to reduce the ad damnum demanded in the complaint] ...
Damnum absque injuri'
Damnum absque injuri', [a loss without a wrongful act). Loss without such injury as would give rise to an action for damages against the offending party. This is not actionable. Damnum sine injuri' esse potest, Lofft, 112. Thus, if I have a mill, and a neighbour builds another mill upon his own land, per quod the profit of my mill is diminished, yet no action lies against him, for every one may lawfully erect a mill upon his own ground; though if I have a mill by prescription on my own land, and another erects a new mill, which draws away some portion of the stream from mine, so as to diminish its former power, an action of trespass on the case will lie against him; and if I build a house on the edge of my lands, my neighbour may at any time within twenty years block out my light by any erection he pleases, so long as he does not trespass, though his doing so after the twenty years would be actionable by virtue of the Prescription Act. See PRESCRIP-TION and UBI JUS, IBI REMEDIUM....
damnum absque injuria
damnum absque injuria : a loss for which the law provides no means of recovery compare injuria absque damno ...
Ad damnum
Ad damnum (to the damage). The concluding words of the declaration which state the amount of the plaintiff's damage. See 1 Chit. Pl. 434....
Ad quod damnum
Ad quod damnum, a writ which ought to be issued before the Crown grants further liberties, as a fair, market, etc., which may be prejudicial to others; it is addressed to the sheriff, to inquire what damage it may do to grant a fair, market, etc. It is also used to inquire of lands given in mortmain to any house of religion, etc., Termes de la Ley. See 27 Edw. 1, st. 2....
Damnum sentit dominus
Damnum sentit dominus [Lat.], The owner suffers the damage....
Damnum sine injuria esse potest
Damnum sine injuria esse potest [Lat.], There may be damage or loss inflicted without any act being done which the law deems an injury. For such damage no action can be maintained. Damage without any act of injustice....
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