![]() |
||||||||||||||||
|
||||||||||||||||
|
Damages, unliquidated
Damages, unliquidatedThe unascertained amount which is due to a person by another for an injury to the person, property, or relative rights of the party injured. These damages, being unknown, cannot be set off against the claim which the tort feasor has against the party injured. RELATED TERMS-------------------------------------- Person This word is applied to men, women and children, who are called natural persons. Injury Any legal harm, wrong or damage done to a person's body, property, rights or reputation, and that the law recognizes as deserving of redress. Property Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. Relative One connected with another by blood or affinity; a relation, a kinsman or kinswoman. In an adjective sense, having relation or connexion with some other person or thing; as relative rights, relative powers. Party Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Damages A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. Unknown When goods have been stolen from some person unknown, they may be so described in the indictment; but if the owner be really known, an indictment alleging the property to belong to some person unknown is improper. Claim A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers. Tort An injury; a wrong; hence the expression an executor de son tort, of his own wrong. SIMILAR TERMS-------------------------------------- Damage Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident. Damage feasant Torts. This is a corruption of the French words faisant dommage, and signifies doing damage. This term is usually applied to the injury which animals belonging to one person do upon the land of another, by feeding there, treading down his grass, corn, or other production of the earth. Damaged goods In the language of the customs, are goods subject to duties, which have received some injury either in the voyage home, or while bonded in warehouses. Damages A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. Damages inadequate Such as are unreasonably low, and less than is required by law. Damages, excessive Such damages as are unreasonably great, and not warranted by law. The damages are excessive in the following cases: 1) When they are gre-ater than is demanded by the writ and declaration. 2) When they are greater than is authorized by the rules and principles of law, as in the case of actions upon contracts, or for torts done to property, the value of which may be ascertained by evidence. Damages, general Torts. General damages are such as the law implies to have accrued from the act of a tort-feasor. Damages, special Torts. Special damages are such as are in fact sustained, and are not implied by law; these are either superadded to general damages, arising from an act injurious in itself, as when some particular loss arises. PREVIOUS AND NEXT TERMS-------------------------------------- Damages A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. Damages inadequate Such as are unreasonably low, and less than is required by law. Damages, excessive Such damages as are unreasonably great, and not warranted by law. The damages are excessive in the following cases: 1) When they are gre-ater than is demanded by the writ and declaration. 2) When they are greater than is authorized by the rules and principles of law, as in the case of actions upon contracts, or for torts done to property, the value of which may be ascertained by evidence. Damages, general Torts. General damages are such as the law implies to have accrued from the act of a tort-feasor. Damages, special Torts. Special damages are such as are in fact sustained, and are not implied by law; these are either superadded to general damages, arising from an act injurious in itself, as when some particular loss arises. Damages, unliquidated Damnification That which causes a loss or damage to a society, or to one who has indemnified another. Damnify To cause damage, injury or loss. Damnosa haereditas A name given by Lord Kenyon to that species of property of a bankrupt, which, so far from being valuable, would be a charge to the creditors for example, a term of years, where the rent would exceed the revenue. Damnum Latin. That which is taken away: loss: damage; legal hurt or harm. Plural, damna; legal losses. Damnificatus, injured, damaged, damnified. Damnosa, hurtful. Damnum absque injuria A loss or damage without injury. We thank you for using the Juridical Dictionary to search for Damages, unliquidated. If you have a better definition for Damages, unliquidated than the one presented here, please let us know by making use of the suggest a term option. This definition of Damages, unliquidated may be disputed by other professionals. Our attempt is to provide easy definitions on Damages, unliquidated and any other medical topic for the public at large.
|
|||||||||||||||
| © Juridical Dictionary 2005. All rights reserved. | ||||||||||||||||