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Damages
DamagesA 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. RELATED TERMS-------------------------------------- Cash Commerce. Money on hand, which a merchant, trader or other person has to do business with. Compensation 1) Contracts. A reward for services rendered. 2) Crim. law; Compeusatio crimiuura, or recrimination. 3) Remedies. The damages recovered for an injury, or the violation of a contract. Court A body in government to which the administration of justice is delegated. Fault Contracts, Civil law. An improper act or omission, which arises from ignorance, carelessness, or negligence. The act or omission must not have been meditated, and must have caused some injury to another. Negligence Contracts, torts. When considered in relation, to contracts, negligence may be divided into various degrees, namely, ordinary, less than ordinary, more than ordinary. 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. Request 1) Contracts. A notice of a desire on the part of the person making it, that the other party shall do something in relation to a contract. 2) Pleading. The statement in the plaintiff's declaration that a demand or request has been made by the plaintiff from the defendant, to do some act which he was bound to perform, and for which the action is brought. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Breach The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. 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 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 The 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. PREVIOUS AND NEXT TERMS-------------------------------------- Dump truck In the US penitentiary slang, a lawyer who makes an easy deal at the expense of the client. Doctrine of unjust enrichment The principle that one person should not be permitted to unjustly enrich himself at the expense of another, but should be required to make restitution for the property or benefit received. 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 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 The 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. 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