Nominal Damages - Law Dictionary Search Results
Home Dictionary Name: nominal damagesNominal damage
Nominal damage, 'nominal damage' is a technical phrase which means that the Court has negatived anything like real damage, but is affirming that there is an infraction of a legal right, Indian Hume Pipe Co. Ltd. v. Vendra Venkanna Proprietor of Jai Bharathi Cement Works, AIR 1963 AP 58.Nominal damages. See DAMGES....
nominal damages
nominal damages see damage ...
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...
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...
Measure of damage
Measure of damage, the test which determines the amount of damages to the given. The general rule in English law is that in contract the measure of damage is the actual loss to the plaintiff, and in tort the compensation to the plaintiff for the loss or damage which it may be supposed be has suffered directly as a natural consequence of the act complained of. The exception is those ases where vindictive or exemplary damages can be given, e.g., libel, slander, violence, malice, cruelty, or breach of promise of marriage. The actual loss cannot always be recovered, as the whole or a portion of the loss may be too remote to be the natural and probable consequence of that which constitutes the cause of action, and this will most frequently occur in actions of tort. Though unable to prove actual loss, a plaintiff may sometimes be entitled to nominal damages, e.g., breach of an agreement to lend money. In actions of contract, the market-price of the subject-matter at the date the contract is ...
Libel
Libel [fr. libellus, Lat.; libelle, Fr.]. False defamatory words, if written and published, constitute a libel: Odgers on libel, p. 1. 'Everything printed or written, which reflects on the character of another, and is published without lawful justification or excuse, is a libel whatever the intention may have been', O'Brien v. Clement, (1846) 15 M & W 435, per Parke, B. A statement in a talking film is a libel and not merely a slander, Yossopoff v. Metro-Goldwyn-Mayer Picture Corporation, 78 Sol Jo 617. As to publication by dictation, etc., to a typist, see Osborn v. Boulter & Son, (1930) 2 KB 226. All contumelious matter that tends to degrade a man in the opinion of his neighbours, or to make him ridiculous, will amount (when conveyed in writing, or by picture, effigy, or the like, Monson v. Tussauds, Ltd., (1894)1 QB 671, to libel. A writing of fictitious character which incidentally contains the name of a real person may be a libel: see Jones v. Hulton & Co., 1910 AC 20, where Lord ...
Nomine poena
Nomine poena (under the description of a penalty), an additional rent payable by way of penalty in the event of certain acts prejudicial to the landlord being done by the tenant, as if he should plough up pasture.The (English) Agricultural Holdings Act, 1923 (1 & 14 Geo. 5, c. 9), by s. 29 restricts penal rents to actual damage suffered, excepting, however, from this restriction penal rents for breaking up permanent pasture, grubbing underwoods, felling, etc., trees, or relating to the burning of heather. See Aggs on Agricultural Holdings....
Direct nomination
The nomination or designation of candidates for public office by direct popular vote rather than through the action of a convention or body of elected nominating representatives or delegates The term is applied both to the nomination of candidates without any nominating convention and loosely to the nomination effected as in the case of candidates for president or senator of the United States by the election of nominating representatives pledged or instructed to vote for certain candidates dssignated by popular vote...
Nominated authority
Nominated authority, means an officer not below the rank of Station Officer nominated by the Chief Fire Officer, and includes an officer nominated by a local authority or a railway administration as a nominated authority for the purposes of this Act. [Delhi Fire Prevention and Fire Safety Act, 1986 (56 of 1986), s. 2(i)] [s. 2(i), Additional Emoluments (Compulsory Deposit) Act]...
Nomination
Nomination, is equivalent to the word 'appointments'. When used by a mayor in an instrument executed for the purpose of appointing certain persons to office, (P. Ramanatha Aiyar's Law Lexicon, 2nd Edn., pp. 1310-11) see also Konkan Railway Corpn. Ltd. v. Rani Construction Pvt. Ltd., (2000) 8 SCC 151.Nomination, means (1) the action process or instance of nominating, (2) the act, process or an instrument of nominating; and act or right of designating for an officer or duty....
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