Injured - Law Dictionary Search Results
Home Dictionary Name: injureddamage
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...
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
tender
tender 1 a : an act or instance of tendering b : an unconditional offer of payment or performance (as in discharge of an obligation) that is coupled with a manifestation of willingness and ability to follow through (as by producing a check) c : tender of delivery [sufficient ] 2 : something offered in payment or performance ;specif : money [the proper amount of required] see also legal tender vb [Anglo-French tendre to offer, propose for acceptance, literally, to stretch, hold out, from Old French, from Latin tendere] vt 1 a : to make a tender of [ goods] [ delivery] [ payment] [ performance] b : to offer as an amount in settlement of a claim by an injured party against an insured NOTE: An insurance company might be obligated to tender the limits of a policy to an injured party when a higher amount is likely to be awarded at trial. 2 : to extend for acceptance or consideration (as in proof of something) esp. in a proceeding [ a plea to the court] [ an issue] 3 : to offer...
Cross-examination
Cross-examination, the examination of a witness by the opposite side, generally after examination in chief, but some times without such examination; as in the case of an examination on the voir dire, which is in the nature of a cross-examination (see VOIR DIRE); and also if one party calls a witness,and he is sworn, the other party may cross-examine him, although the party who has called him put no question at all to him. Some times questions in cross-examination are allowed by the judge after re-examination. See RE-EXAMINATION. And if a witness be called to prove some preliminary and collateral matter only, as the handwriting of a document tendered in evidence, he is a witness in the cause, and may be cross-examined as to any of the issues in the cause.As to theform of the cross-examination, leading questions are allowed, which is not the case in examination in chief.The questions must be relevant to the issue (see infra), but great latitude is allowed, as a question seemingly irrelev...
Damages
Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202).The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrongdoing of another, (b) reparation awarded to the injured through legal remedies, and (c) its quantum being determined by t...
Horses
Horses. The buying of stolen horses is attempted to be checked by 2 & 3 P. & M. c. 7 and 31 Eliz. c. 12, which require a record of sales at markets; see, as to these Acts, Moran v. Pitt, (1873) 42 LJ QB 47. As to the limitation of the liability of railway and canal companies for the carriage of horses, see s. 7 of the Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31). As to larceny of horses, see Larceny Act, 1916, s. 3.Cruelty to horses is punishable on summary convic-tion by fine or imprisonment, under the Protection of Animals Act, 1911, s. 1, as amended by the Protection of Animals, etc., Act. 1912, and 9 & 10 Geo. 5, c. 54, requiring the use of anesthetics in certain cases.The slaughter of injured horses by, or by order of, the police is authorized by the same Act, s. 11; while the business of a 'knackers,' defined as a person whose trade it is to kill horses, is strictly regulated by ss. 5 and 6 of the Act and the regulations in the First Schedule thereto. As to Scotland,...
Compounding
Compounding, arranging, coming to terms; compounding a felony is where the party robbed not only knows the felon, but also takes his goods again, or other amends, upon an agreement not to prosecute; this offence was denominated theftbote. It is a misdemeanour and is punishable by fine and imprisonment. See Reg. v. Burgess, (1885) 16 QBD 141.It is no offence to compound a misdemeanour unless the offence is virtually an offence against the public, for the party injured may maintain an action to recover compensation in damages. See Keir v. Leeman, (1844) 6 QB 308; (1846) 9 QB 371; Odgers on the Common Law. And compounding offences only cognizable before magistrates on summary jurisdiction is not within 18 Eliz. c. 5.Corruptly to take reward for helping a person to recover stolen goods is felony (Larceny Act, 1916, s. 34); and to advertise a reward for the return of things stolen by an advertisement representing that no questions will be asked, etc., incurs a penalty of 50l. (Larceny Act, ...
Dog
Dog. Draught.--The (English) Protection of Animals Act, 1911, s. 9, and the (English) Protection of Animals (Scotland) Act, 1912, s. 8, prohibit, under a penalty, the use of any dog in England or Scotland for the purpose of draught.Licenses.--Dog licenses are regulated by the (English) Dog Licenses Act, 1867 (30 Vict. c. 5), as amended by 32 & 33 Vict. c. 14, s. 38, 41 Vict. C. 15, ss. 17-23, and 42 & 43 Vict. c. 21, s. 26. They commence on the day of grant, and terminate on the 31st of December following; but procuring a license on the day of a conviction will not avoid the penalty up to 5l. under s. 8 of the Act of 1867, Campbell v. Strangways, (1877) 3 CPD 105. The present duty is 7s. 6d., to which it was raised from 5s. by the (English) Customs and Inland Revenue Act, 1878 (41 & 42 Vict. c. 15), and this s. is amended by s. 5 of the (English) Dogs Act, 1906. See Johnson v. Wilson, (1909) 2 KB 497. No duty is payable for dogs under six months old (Act of 1867, s. 10), or hound whelp...
Diminution
Diminution, the act of making less, opposed to augmentation. In proceedings for the reversal of judgment, if the whole record be not certified, or not truly certified by the inferior Court, the party injured thereby, in both civil and criminal cases, may allege a diminution of the record and cause it to be rectified....
Deceit
Deceit [fr. deceptio, Lat.], fraud, cheat, craft, or collusion used to deceive and defraud another. In an action of deceit the plaintiff must prove that the defendant has made a false statement, knowing that it was false or without any belief in its truth or without caring whether it was true or not, and intending that the plaintiff should rely upon it and that the statement was relied upon by the plaintiff and caused damage; non-disclosure may be fradulent, see Suppressio veri, suggestio falsi,' and Cackett v. Keswick, (1902) 2 Ch 456, and Christine Ville Rubber Estates, (1911) 28 TLR 38, and CONCEALMENT [Smith v. Chadwick, (1884) 9 AC 187, and Dery v. Peek, (1889) 14 App Cas 337]. Under the (English) Companies Act, 1929, s. 37, a special action for deceit will lie at the instance of any subscriber for shares or debentures who has subscribed for these on the faith of a prospectus inviting him to subscribe against any director, or person named or referred to as a director in the prospe...
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