Stipulated Damage - Law Dictionary Search Results
Home Dictionary Name: stipulated damagestipulated damages
stipulated damages see damage ...
Stipulated damage
Stipulated damage, liquidated damage, which see....
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...
stipulate
stipulate -lat·ed -lat·ing [Latin stipulatus, past participle of stipulari to exact (as from a prospective debtor) a formal guarantee when making an oral contract] vi 1 : to make an agreement or covenant about something (as damages) 2 : to demand a particular promise in an agreement used with for [may…assume or for obligations of all kinds "Louisiana Civil Code"] 3 : to agree respecting an aspect of legal proceedings used with to [stipulated to a dismissal of the claim with prejudice "National Law Journal"] [pleaded guilty to the charge of battery and stipulated to the underlying facts "Luna v. Meinke, 844 F. Supp. 1284 (1994)"] vt 1 : to specify esp. as a condition or requirement of an agreement [parties may not the invalidity of statutes or ordinances "West v. Bank of Commerce & Trusts, 167 F.2d 664 (1948)"] [the contract stipulated that the lessor was responsible for maintenance] [within a stipulated period of time] 2 : to establish (procedure or evidence...
stipulation pour autrui
stipulation pour autrui [French, stipulation for other persons] in the civil law of Louisiana : a contract or provision in a contract that confers a benefit on a third-party beneficiary NOTE: A stipulation pour autrui gives the third-party beneficiary a cause of action against the promisor for specific performance. In order for a third party to be a third-party beneficiary of a stipulation pour autrui there usually has to be a legal or factual relationship between the stipulator and the beneficiary. ...
stipulation
stipulation 1 : an act of stipulating 2 : something stipulated: as a : an agreement between parties regarding some aspect of a legal proceeding [a of facts] [admitted the charges in a prehearing "New York Law Journal"] b : a condition, requirement, or item specified in a legal instrument ;specif : stipulation pour autrui ...
stipulator
stipulator 1 : one that stipulates 2 in the civil law of Louisiana : the promisee in a stipulation pour autrui who bargains for and receives the promise that benefits the third-party beneficiary ...
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...
The contract contains any other stipulation by penalty
The contract contains any other stipulation by penalty, the expression 'the contract contains any other stipulation by way of penalty' comprehen-sively applies to every covenant involving a penalty whether it is for payment on breach of contract of money or delivery of property in future, or for forfeiture of right to money or other property already delivered, Fateh Chand v. Balkishan Das, AIR 1963 SC 1405 (1411): (1964) 1 SCR 515...
Damage
Damage, Any loss, whether actionable as an injury or not. See DAMNUM ABSQUE INJURIA.The expression 'damage' is not necessarily confined to physical damage. Ordinarily damage is caused by physical contact of the ship, such as in collision. But damage can also be caused to property by breach of contract or acts of commission or omission on the part of the carrier or his agents or servants by reason of the negligent operation and management of the vessel, as, for example, when cargo is damaged by exposure to weather or by negligent stowage, or, by the misconduct of those in charge of the ship, like when cargo is disposed of contrary to the instructions of the owner or by reason of theft and other misdeeds. In all these cases, damage arises by reason of loss caused by what is done by the ship or by the breach, negligence or misdeeds of those in charge of the ship. It must however be noticed that the expression 'damage done by any ship' has been construed by the English Courts as not to app...
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