| slovo | definícia |
damages
(encz) | damages,odškodnění Pavel Machek; Giza |
damages
(gcide) | damages \damages\ n. (Law)
a sum of money paid in compensation for an injury or wrong.
Syn: amends, indemnity, indemnification, restitution,
redress.
[WordNet 1.5] |
damages
(wn) | damages
n 1: a sum of money paid in compensation for loss or injury
[syn: damages, amends, indemnity, indemnification,
restitution, redress] |
DAMAGES
(bouvier) | 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. 2 Dall. 237; S.
C. 1 Yeates, 571; 10 Serg. & Rawle 14; 5 Serg. & Rawle 122.
|
DAMAGES
(bouvier) | DAMAGES, practice. The indemnity given by law, to be recovered from a wrong
doer by the person who has sustained an injury, either in his person,
property, or relative rights, in consequence of the acts of another.
2. Damages are given either for breaches of contracts, or for tortious
acts.
3. Damages for breach of contract may be given, for example, for the
non-performance of a written or verbal agreement; or of a covenant to do or
not to do a particular thing.
4. As to the measure of damages the general rule is that the delinquent
shall answer for all the injury which results from the immediate and direct
breach of his agreement, but not from secondary and remote consequences.
5. In cases of an eviction, on covenant of seisin and warranty, the
rule seems to be to allow the consideration money, with interest and costs.
6 Watts & Serg. 527; 2 Dev. R. 30; 3 Brev. R. 458. See 7 Shepl. 260; 4 Dev.
46. But in Massachusetts, on the covenant of warranty, the measure of
damages is the value of the land at the time of eviction. 4 Kent's Com. 462,
3, and the cases there cited; 3 Mass. 523; 4 Mass. 108; 1 Bay, 19, 265; 3
Desaus. Eq. R. 247; 4 Penn. St. R. 168.
6. In estimating the measure of damages sustained in consequence of the
acts of a common carrier, it frequently becomes a question whether the value
of the goods at the place of embarkation or the port of destination is the
rule to establish the damages sustained. It has been ruled that the value at
the port of destination is the proper criterion. 12 S. & R. 186;. 8 John. R.
213; 10 John. R. 1; 14 John. R. 170; 15 John. R. 24. But contrary decisions
have taken place. 3 Caines, R. 219 4 Hayw. R. 112; and see 4 Mass. R. 115; 1
T. R. 31; 4 T. R. 582.
7. Damages for tortious acts are given for acts against the person, as
an assault and battery against the reputation, as libels and slander,
against the property, as trespass, when force is used; or for the
consequential acts of the tort-feasor, as, when a man, in consequence of
building a dam on his own premises, overflows his neighbor's land; or
against the relative rights of the party injured, as for criminal
conversation with his wife.
8. No settled rule or line of distinction can be marked out when a
possibility of damages shall be accounted too remote to entitle a party to
claim a recompense: each case must be ruled by its own circumstances. Ham.
N. P. 40; Kames on Eq. 73, 74. Vide 7 Vin. Ab. 247; Yelv. 45, a; Id. 176, a;
Bac. Ab. h.t.; 1 Lilly's Reg. 525; Domat, liv. 3, t. 5, s. 2, n. 4; Toull.
liv. 3, n. 286; 2 Saund. 107, note; 1 Rawle's Rep. 27; Coop. Just. 606; Com.
Dig. 11. t.; Bouv. Inst. Index, h.t. See, Cause; Remote.
9. Damages for torts are either compensatory or vindictive. By
compensatory damages is meant such as are given morely to recompense a party
who has sustained a loss in consequence of the acts of the defendant, and
where there are no circumstances to aggravate the act, for the purpose of
compensating the plaintiff for his loss; as, for example, Where the
defendant had caused to be seized, property of A for the debt of B, when
such property was out of A's possession, and there appeared reason to
believe it was B's. Vindictive damages are such as are given against a
defendant, who, in addition to the trespass, has been guilty of acts of
outrage and wrong which cannot well be measured by a compensation in money;
as, for example, where the defendant went to A's house, and with insult and
outrage seized upon A's property, for a debt due by B, and carried it away,
leaving A's family in distress. Sedgw. on Dam. 39; 2 Greenl. Ev. Sec. 253; 1
Gillis. 483; 12 Conn. 580; 2 M. & S. 77; 4 S. & R. 19; 5 Watts, 375; 5 Watts
& S. 524; 1 P. S. R. 190, 197.
10. In cases of loss of which have been insured from maritime dangers,
when an adjustment is made, the damages are settled by valuing the property,
not according to prime cost, but at the price at which it may be sold at the
time of settling the average. Marsh. Inst. B. 1, c. 14, s. 2, p. 621. See
Adjustment; Price.
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DAMAGES
(bouvier) | DAMAGES, EXCESSIVE. Such damages as are unreasonably great, and not
warranted by law.
2. The damages are excessive in the following cases: 1. When they are
greater than is demanded by the writ and declaration. 6 Call 85; 7 Wend.
330. 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. 4 Mass. 14; 5
Mass. 435; 6 Halst. 284.
3. But in actions for torts to the person or reputation of the
plaintiff, the damages will not be considered excessive unless they are
outrageous. 2 A. K. Marsh 365; Hard. 586; 3 Dana, 464; 2 Pick. 113; 7 Pick.
82; 9 John. 45; 10 John. 443; 4 Mass. 1; 9 Pick. 11; 2 Penn. 578.
4. When the damages are excessive, a new trial will be granted on that
ground.
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DAMAGES
(bouvier) | DAMAGES, LAYING, pleading. In personal and mixed actions, (but not in penal
actions, for obvious reason,) the declaration must allege, in conclusion,
that the injury is to the damage of the plaintiff; and must specify the
amount of damages. Com. Dig. Pleader, C 84; 10 Rep. 116, b.
2. In personal actions there is a distinction between actions that
sound in damages, and those that do not; but in either of these cases, it is
equally the practice to lay damages. There is, however, this difference:
that, in the former case, damages are the main object of the suit, and are,
therefore, always laid high enough to cover the whole demand; but in the
latter, the liquidated debt, or the chattel demanded, being the main object,
damages are claimed in respect of the detention only, of such debt or
chattel; and are, therefore, usually laid at a small sum. The plaintiff
cannot recover greater damages than he has laid in the conclusion of his
declaration. Com. Dig. Pleader, C 84; 10 Rep. 117, a, b; Vin. Ab. Damages,
R.
3. In real actions, no damages are to be laid, because, in these, the
demand is specially for the land withheld, and damages are in no degree the
object of the suit. Steph. Pl. 426; 1 Chit. Pl. 397 to 400.
|
DAMAGES
(bouvier) | DAMAGES, DOUBLE or TREBLE, practice. In cases where a statute gives a party
double or treble damages, the jury are to find single damages, and the court
to enhance them, according to the statute Bro. Ab. Damages, pl. 70; 2 Inst.
416; 1 Wils. 126; 1 Mass. 155. In Sayer on Damages, p. 244, it is said, the
jury may assess the statute damages and it would seem from some of the
modern cases, that either the jury or the court may assess. Say. R. 214; 1
Gallis. 29.
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DAMAGES
(bouvier) | DAMAGES, GENERAL, torts. General damages are such as the law implies to have
accrued from the act of a tort-feasor. To call a man a thief, or commit an
assault and battery upon his person, are examples of this kind. In the first
case the law presumes that calling a man a thief must be injurious to him,
with showing that it is so. Sir W. Jones, 196; 1 Saund. 243, b. n. 5; and in
the latter case, the law implies that his person has been more or less
deteriorated, and that the injured party is not required to specify what
injury he has sustained, nor to prove it. Ham. N. P. 40; 1 Chit. Pl. 386; 2
L.R. 76; 4 Bouv. Inst. n. 3584.
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DAMAGES
(bouvier) | DAMAGES, LIQUIDATED, contracts. When the parties to a contract stipulate for
the payment of a certain sum, as a satisfaction fixed and agreed upon by
them, for the not doing of certain things particularly mentioned in the
agreement, the sum so fixed upon is called liquidated damages. (q.v.) It
differ from a penalty, because the latter is a forfeiture from which the
defaulting party can be relieved. An agreement for liquidated damages can
only be when there is an engagement for the performance of certain acts, the
not doing of which would be an injury to one of the parties; or to guard
against the performance of acts which, if done, would also be injurious. In
such cases an estimate of the damages may be made by a jury, or by a
previous agreement between the parties, who may foresee the consequences of
a breach of the engagement, and stipulate accordingly. 1 H. Bl. 232; and
vide 2 Bos. & Pul. 335, 350-355; 2 Bro. P. C. 431; 4 Burr, 2225; 2 T. R. 32.
The civil law appears to agree with these principles. Inst. 3, 16, 7; Toull.
liv. 3, n. 809; Civil Code of Louis. art. 1928, n. 5; Code Civil, 1152,
1153.
2. It is to be observed, that the sum fixed upon will be considered as
liquidated damages, or a penalty, according to the intent of the parties,
and the more use of the words "penalty," &c "forfeiture," or "liquidated
damages," will not be regarded is at all decisive of the question, if the
instrument discloses, upon the whole, a different intent. 2 Story, Eq. Sec.
1318; 6 B.& C. 224; 6 Bing. 141; 6 Iredell, 186; 3 Shepl. 273; 2 Ala. 425;
8 Misso. 467.
3. Rules have been adopted to ascertain whether such sum so agreed upon
shall be considered a penalty or liquidated damages, which will be here
enumerated by considering, first, those cases where it has been considered
as a penalty and, secondly, where it has been considered as liquidated
damages.
4.-1. It has been treated as penalty, 1st. where the parties in the
agreement have expressly declared the sum intended as a forfeiture or a
penalty, and no other intent can be collected from the instrument. 2 B. & P,
340, 350, 630; 1 McMullan, 106; 2 Ala. 425; 5 Metc. 61; 1 H. Bl. 227; 1
Campb. 78; 7 Wheat. 14; 1 Pick. 451; 4 Pick. 179; 3 Johns. Cas. 297. 2d.
Where it is doubtful whether it was intended as a penalty or not, and a
certain debt or damages, less than the penalty, is made payable on the face
of the instrument. 3 C. & P. 240; 6 Humph. 186. 3d. Where the agreement was
made, evidently, for the attainment of another object, to which the sum
specified is wholly collateral. 11 Mass. 76; 15 Mass. 488; 1 Bro. C. C. 418.
4th. Where the agreement contains several matters, of different degrees of
importance, and yet the sum named is payable for the breach of any, even the
least. 6 Bing. 141; 5 Bing. N. C. 390; 7 Scott, 364; sed vide, 7 John. 72;
15 John. 200. 5th. Where the contract is not under seal, and the damages are
capable of being certainly known and estimated. 2 B. & Al. 704; 6 B. & C.
216; 1 M. & Malk. 41; 4 Dall. 150; 5 Cowen, 144.
5.-2. The sum agreed upon has been considered as liquidated damages,
1st. Where the damages are uncertain, and are not capable of being
ascertained by any satisfactory and known rule. 2 T. R. 32; 1 Alc. & Nap.
389; 2 Burr, 2225; 10 Ves. 429; 3 M. & W. 545; 8 Mass. 223; 3 C. & P. 240; 7
Cowen 307; 4 Wend. 468. 2d. Where, from the tenor of the agreement, or from
the nature of the case, it appears that the parties have ascertained the
amount of damages by fair calculation and adjustment. 2 Story, Eq. Juris.
Sec. 1318; 10 Mass. 459; 7 John. 72; 15 John. 200; 1 Bing. 302; 7 Conn. 291;
13 Wend. 507; 2 Greenl. Ev. Sec. 259; 11 N. H. Rep. 234; 6 Blackf. 206; 26
Wend. 630; 17 Wend. 447; 22 Wend. 201; 7 Metc. 583; 2 Ala. 425; 2 Shepl.
250.
Vide, generally, 7 Vin. Ab. 247; 16 Vin. Ab. 58; 2 W. Bl. Rep. 1190;.
Coop. Just. 606; 1 Chit. Pr. 872; 2 Atk. 194; Finch. 117; Prec. in Ch. 102;
2 Bro. P. C. 436; Fonbl. 151, 2, note; Chit. Contr. 836; 11 N. Hamp. Rep.
234.
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DAMAGES
(bouvier) | DAMAGES, SPECIAL, pleading. As distinguished from the gist of the action,
signify that special damage which is stated to result from the gist; as, if
a plaintiff in an action of trespass for breaking his close, entering his
house, and tossing his goods about, were to state that by means of the
damage done to his house, he was obliged to seek lodging elsewhere.
2. Sometimes the special damage is said to constitute the gist of the
action itself; for example, in an action wherein the plaintiff declares for
slanderous words, which of themselves are not a sufficient ground or
foundation for the suit, if any particular damage result to the plaintiff
from the speaking of them, that damage is properly said to be the gist of
the action.
3. But whether special damage be the gist of the action, or only
collateral to it, it must be particularly stated in the declaration, as the
plaintiff will not otherwise be permitted to go into evidence of it at the
trial, because the defendant cannot also be prepared to answer it. Willes,
23. See Gist.
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DAMAGES
(bouvier) | 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. from the uttering of slanderous words, actionable in themselves, or
are such as arise from an act indifferent and not actionable in itself, but
injurious only in its consequences, as when the words become actionable only
by reason of special damage ensuing. To constitute special damage the legal
and natural consequence must arise from the tort, and not be a mere wrongful
act of a third person, or a remote consequence. 1 Camp. 58; Ham. N. P. 40; 1
Chit. Pl. 385, 6.
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| | podobné slovo | definícia |
compensatory damages
(encz) | compensatory damages, n: |
double damages
(encz) | double damages, n: |
exemplary damages
(encz) | exemplary damages, n: |
general damages
(encz) | general damages, n: |
nominal damages
(encz) | nominal damages, n: |
punitive damages
(encz) | punitive damages, n: |
treble damages
(encz) | treble damages, n: |
Exemplary damages
(gcide) | Damage \Dam"age\ (d[a^]m"[asl]j; 48), n. [OF. damage, domage, F.
dommage, fr. assumed LL. damnaticum, from L. damnum damage.
See Damn.]
1. Injury or harm to person, property, or reputation; an
inflicted loss of value; detriment; hurt; mischief.
[1913 Webster]
He that sendeth a message by the hand of a fool
cutteth off the feet and drinketh damage. --Prov.
xxvi. 6.
[1913 Webster]
Great errors and absurdities many commit for want of
a friend to tell them of them, to the great damage
both of their fame and fortune. --Bacon.
[1913 Webster]
2. pl. (Law) The estimated reparation in money for detriment
or injury sustained; a compensation, recompense, or
satisfaction to one party, for a wrong or injury actually
done to him by another.
[1913 Webster]
Note: In common-law actions, the jury are the proper judges
of damages.
[1913 Webster]
Consequential damage. See under Consequential.
Exemplary damages (Law), damages imposed by way of example
to others. Similar in purpose to vindictive damages,
below.
Nominal damages (Law), those given for a violation of a
right where no actual loss has accrued.
vindictive damages or punitive damages, those given
specially for the punishment of the wrongdoer.
Syn: Mischief; injury; harm; hurt; detriment; evil; ill. See
Mischief.
[1913 Webster]Exemplary \Ex"em*pla*ry\, a. [L. exemplaris, fr. exemplar: cf.
F. exemplaire. See Exemplar.]
1. Serving as a pattern; deserving to be proposed for
imitation; commendable; as, an exemplary person; exemplary
conduct.
[1913 Webster]
[Bishops'] lives and doctrines ought to be
exemplary. --Bacon.
[1913 Webster]
2. Serving as a warning; monitory; as, exemplary justice,
punishment, or damages.
[1913 Webster]
3. Illustrating as the proof of a thing. --Fuller.
[1913 Webster]
Exemplary damages. (Law) See under Damage.
[1913 Webster] |
Liquidated damages
(gcide) | Liquidate \Liq"ui*date\ (l[i^]k"w[i^]*d[=a]t), v. t. [imp. & p.
p. Liquidated (-d[=a]`t[e^]d); p. pr. & vb. n.
Liquidating.] [LL. liquidatus, p. p. of liquidare to
liquidate, fr. L. liquidus liquid, clear. See Liquid.]
1. (Law) To determine by agreement or by litigation the
precise amount of (indebtedness); or, where there is an
indebtedness to more than one person, to determine the
precise amount of (each indebtedness); to make the amount
of (an indebtedness) clear and certain.
[1913 Webster]
A debt or demand is liquidated whenever the amount
due is agreed on by the parties, or fixed by the
operation of law. --15 Ga. Rep.
321.
[1913 Webster]
If our epistolary accounts were fairly liquidated, I
believe you would be brought in considerable debtor.
--Chesterfield.
[1913 Webster]
2. In an extended sense: To ascertain the amount, or the
several amounts, of, and apply assets toward the discharge
of (an indebtedness). --Abbott.
[1913 Webster]
3. To discharge; to pay off or settle, as an indebtedness.
[1913 Webster]
Friburg was ceded to Zurich by Sigismund to
liquidate a debt of a thousand florins. --W. Coxe.
[1913 Webster]
4. To make clear and intelligible.
[1913 Webster]
Time only can liquidate the meaning of all parts of
a compound system. --A. Hamilton.
[1913 Webster]
5. To make liquid. [Obs.]
[1913 Webster]
6. To convert (assets) into cash.
[PJC]
7. To kill; -- used mostly of governments or organizations
killing their enemies; as, Stalin liquidated many of the
Kulaks.
[PJC]
8. To dissolve (an organization); to terminate (an activity).
[PJC]
Liquidated damages (Law), damages the amount of which is
fixed or ascertained. --Abbott.
[1913 Webster] |
Nominal damages
(gcide) | Damage \Dam"age\ (d[a^]m"[asl]j; 48), n. [OF. damage, domage, F.
dommage, fr. assumed LL. damnaticum, from L. damnum damage.
See Damn.]
1. Injury or harm to person, property, or reputation; an
inflicted loss of value; detriment; hurt; mischief.
[1913 Webster]
He that sendeth a message by the hand of a fool
cutteth off the feet and drinketh damage. --Prov.
xxvi. 6.
[1913 Webster]
Great errors and absurdities many commit for want of
a friend to tell them of them, to the great damage
both of their fame and fortune. --Bacon.
[1913 Webster]
2. pl. (Law) The estimated reparation in money for detriment
or injury sustained; a compensation, recompense, or
satisfaction to one party, for a wrong or injury actually
done to him by another.
[1913 Webster]
Note: In common-law actions, the jury are the proper judges
of damages.
[1913 Webster]
Consequential damage. See under Consequential.
Exemplary damages (Law), damages imposed by way of example
to others. Similar in purpose to vindictive damages,
below.
Nominal damages (Law), those given for a violation of a
right where no actual loss has accrued.
vindictive damages or punitive damages, those given
specially for the punishment of the wrongdoer.
Syn: Mischief; injury; harm; hurt; detriment; evil; ill. See
Mischief.
[1913 Webster] |
punitive damages
(gcide) | Damage \Dam"age\ (d[a^]m"[asl]j; 48), n. [OF. damage, domage, F.
dommage, fr. assumed LL. damnaticum, from L. damnum damage.
See Damn.]
1. Injury or harm to person, property, or reputation; an
inflicted loss of value; detriment; hurt; mischief.
[1913 Webster]
He that sendeth a message by the hand of a fool
cutteth off the feet and drinketh damage. --Prov.
xxvi. 6.
[1913 Webster]
Great errors and absurdities many commit for want of
a friend to tell them of them, to the great damage
both of their fame and fortune. --Bacon.
[1913 Webster]
2. pl. (Law) The estimated reparation in money for detriment
or injury sustained; a compensation, recompense, or
satisfaction to one party, for a wrong or injury actually
done to him by another.
[1913 Webster]
Note: In common-law actions, the jury are the proper judges
of damages.
[1913 Webster]
Consequential damage. See under Consequential.
Exemplary damages (Law), damages imposed by way of example
to others. Similar in purpose to vindictive damages,
below.
Nominal damages (Law), those given for a violation of a
right where no actual loss has accrued.
vindictive damages or punitive damages, those given
specially for the punishment of the wrongdoer.
Syn: Mischief; injury; harm; hurt; detriment; evil; ill. See
Mischief.
[1913 Webster] |
To sound in damages
(gcide) | Sound \Sound\, v. i. [OE. sounen, sownen, OF. soner, suner, F.
sonner, from L. sonare. See Sound a noise.]
1. To make a noise; to utter a voice; to make an impulse of
the air that shall strike the organs of hearing with a
perceptible effect. "And first taught speaking trumpets
how to sound." --Dryden.
[1913 Webster]
How silver-sweet sound lovers' tongues! --Shak.
[1913 Webster]
2. To be conveyed in sound; to be spread or published; to
convey intelligence by sound.
[1913 Webster]
From you sounded out the word of the Lord. --1
Thess. i. 8.
[1913 Webster]
3. To make or convey a certain impression, or to have a
certain import, when heard; hence, to seem; to appear; as,
this reproof sounds harsh; the story sounds like an
invention.
[1913 Webster]
Good sir, why do you start, and seem to fear
Things that do sound so fair? --Shak.
[1913 Webster]
To sound in or To sound into, to tend to; to partake of
the nature of; to be consonant with. [Obs., except in the
phrase To sound in damages, below.]
[1913 Webster]
Soun[d]ing in moral virtue was his speech.
--Chaucer.
[1913 Webster]
To sound in damages (Law), to have the essential quality of
damages. This is said of an action brought, not for the
recovery of a specific thing, as replevin, etc., but for
damages only, as trespass, and the like.
[1913 Webster] |
Unliquidated damages
(gcide) | Unliquidated \Un*liq"ui*da`ted\, a.
Not liquidated; not exactly ascertained; not adjusted or
settled.
[1913 Webster]
Unliquidated damages (Law), penalties or damages not
ascertained in money. --Burrill.
[1913 Webster] |
Vindictive damages
(gcide) | Vindictive \Vin*dic"tive\, a. [For vindicative, confused with L.
vindicta revenge, punishment, fr. vindicare to vindicate. Cf.
Vindicative.]
1. Disposed to revenge; prompted or characterized by revenge;
revengeful.
[1913 Webster]
I am vindictive enough to repel force by force.
--Dryden.
[1913 Webster]
2. Punitive. [Obs.]
[1913 Webster]
Vindictive damages. (Law) See under Damage, n.
[1913 Webster] -- Vin*dic"tive*ly, adv. --
Vin*dic"tive*ness, n.
[1913 Webster]Damage \Dam"age\ (d[a^]m"[asl]j; 48), n. [OF. damage, domage, F.
dommage, fr. assumed LL. damnaticum, from L. damnum damage.
See Damn.]
1. Injury or harm to person, property, or reputation; an
inflicted loss of value; detriment; hurt; mischief.
[1913 Webster]
He that sendeth a message by the hand of a fool
cutteth off the feet and drinketh damage. --Prov.
xxvi. 6.
[1913 Webster]
Great errors and absurdities many commit for want of
a friend to tell them of them, to the great damage
both of their fame and fortune. --Bacon.
[1913 Webster]
2. pl. (Law) The estimated reparation in money for detriment
or injury sustained; a compensation, recompense, or
satisfaction to one party, for a wrong or injury actually
done to him by another.
[1913 Webster]
Note: In common-law actions, the jury are the proper judges
of damages.
[1913 Webster]
Consequential damage. See under Consequential.
Exemplary damages (Law), damages imposed by way of example
to others. Similar in purpose to vindictive damages,
below.
Nominal damages (Law), those given for a violation of a
right where no actual loss has accrued.
vindictive damages or punitive damages, those given
specially for the punishment of the wrongdoer.
Syn: Mischief; injury; harm; hurt; detriment; evil; ill. See
Mischief.
[1913 Webster] |
vindictive damages
(gcide) | Vindictive \Vin*dic"tive\, a. [For vindicative, confused with L.
vindicta revenge, punishment, fr. vindicare to vindicate. Cf.
Vindicative.]
1. Disposed to revenge; prompted or characterized by revenge;
revengeful.
[1913 Webster]
I am vindictive enough to repel force by force.
--Dryden.
[1913 Webster]
2. Punitive. [Obs.]
[1913 Webster]
Vindictive damages. (Law) See under Damage, n.
[1913 Webster] -- Vin*dic"tive*ly, adv. --
Vin*dic"tive*ness, n.
[1913 Webster]Damage \Dam"age\ (d[a^]m"[asl]j; 48), n. [OF. damage, domage, F.
dommage, fr. assumed LL. damnaticum, from L. damnum damage.
See Damn.]
1. Injury or harm to person, property, or reputation; an
inflicted loss of value; detriment; hurt; mischief.
[1913 Webster]
He that sendeth a message by the hand of a fool
cutteth off the feet and drinketh damage. --Prov.
xxvi. 6.
[1913 Webster]
Great errors and absurdities many commit for want of
a friend to tell them of them, to the great damage
both of their fame and fortune. --Bacon.
[1913 Webster]
2. pl. (Law) The estimated reparation in money for detriment
or injury sustained; a compensation, recompense, or
satisfaction to one party, for a wrong or injury actually
done to him by another.
[1913 Webster]
Note: In common-law actions, the jury are the proper judges
of damages.
[1913 Webster]
Consequential damage. See under Consequential.
Exemplary damages (Law), damages imposed by way of example
to others. Similar in purpose to vindictive damages,
below.
Nominal damages (Law), those given for a violation of a
right where no actual loss has accrued.
vindictive damages or punitive damages, those given
specially for the punishment of the wrongdoer.
Syn: Mischief; injury; harm; hurt; detriment; evil; ill. See
Mischief.
[1913 Webster] |
actual damages
(wn) | actual damages
n 1: (law) compensation for losses that can readily be proven to
have occurred and for which the injured party has the right
to be compensated [syn: actual damages, {compensatory
damages}, general damages] |
compensatory damages
(wn) | compensatory damages
n 1: (law) compensation for losses that can readily be proven to
have occurred and for which the injured party has the right
to be compensated [syn: actual damages, {compensatory
damages}, general damages] |
double damages
(wn) | double damages
n 1: twice the amount that a court would normally find the
injured party entitled to |
exemplary damages
(wn) | exemplary damages
n 1: (law) compensation in excess of actual damages (a form of
punishment awarded in cases of malicious or willful
misconduct) [syn: punitive damages, exemplary damages,
smart money] |
general damages
(wn) | general damages
n 1: (law) compensation for losses that can readily be proven to
have occurred and for which the injured party has the right
to be compensated [syn: actual damages, {compensatory
damages}, general damages] |
nominal damages
(wn) | nominal damages
n 1: (law) a trivial sum (usually $1.00) awarded as recognition
that a legal injury was sustained (as for technical
violations of a contract) |
punitive damages
(wn) | punitive damages
n 1: (law) compensation in excess of actual damages (a form of
punishment awarded in cases of malicious or willful
misconduct) [syn: punitive damages, exemplary damages,
smart money] |
treble damages
(wn) | treble damages
n 1: three times the amount that a court would normally find the
injured party entitled to |
CONSEQUENTIAL DAMAGES
(bouvier) | CONSEQUENTIAL DAMAGES, torts. Those damages or those losses which arise not
from the immediate act of the party, but in consequence of such act; as if a
man throw a log into the public streets, and another fall upon it and become
injured by the fall or if a man should erect a dam over his own ground, and
by that means overflow his neighbor's, to his injury.
2. The form of action to be instituted for consequential damages caused
without force, is by action on the case. 3 East, 602; 1 Stran. 636; 5 T. R.
649; 5 Vin. Ab. 403; 1 Chit. Pl. 127 Kames on Eq. 71; 3 Bouv. Inst. n. 3484,
et seq. Vide Immediate.
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CONTINUING DAMAGES
(bouvier) | CONTINUING DAMAGES. Those which are continued at different times, or which
endure from one time to another. If a person goes upon successive day's and
tramples the grass of the plaintiff, he commits continuing damages; or if
one commit a trespass to the possession, and it is in fact injurious to him
who has the reversion or remainder, this will be continuing damages. In this
last case the person in possession may have an action of trespass against
the wrong doer to his possession, and the reversioner has an action against
him for an injury to the reversion. 1 Chit. Pr. 266, 268, 385; 4 Burr. 2141,
3 Car. & P. 817.
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DAMAGES
(bouvier) | 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. 2 Dall. 237; S.
C. 1 Yeates, 571; 10 Serg. & Rawle 14; 5 Serg. & Rawle 122.
DAMAGES, practice. The indemnity given by law, to be recovered from a wrong
doer by the person who has sustained an injury, either in his person,
property, or relative rights, in consequence of the acts of another.
2. Damages are given either for breaches of contracts, or for tortious
acts.
3. Damages for breach of contract may be given, for example, for the
non-performance of a written or verbal agreement; or of a covenant to do or
not to do a particular thing.
4. As to the measure of damages the general rule is that the delinquent
shall answer for all the injury which results from the immediate and direct
breach of his agreement, but not from secondary and remote consequences.
5. In cases of an eviction, on covenant of seisin and warranty, the
rule seems to be to allow the consideration money, with interest and costs.
6 Watts & Serg. 527; 2 Dev. R. 30; 3 Brev. R. 458. See 7 Shepl. 260; 4 Dev.
46. But in Massachusetts, on the covenant of warranty, the measure of
damages is the value of the land at the time of eviction. 4 Kent's Com. 462,
3, and the cases there cited; 3 Mass. 523; 4 Mass. 108; 1 Bay, 19, 265; 3
Desaus. Eq. R. 247; 4 Penn. St. R. 168.
6. In estimating the measure of damages sustained in consequence of the
acts of a common carrier, it frequently becomes a question whether the value
of the goods at the place of embarkation or the port of destination is the
rule to establish the damages sustained. It has been ruled that the value at
the port of destination is the proper criterion. 12 S. & R. 186;. 8 John. R.
213; 10 John. R. 1; 14 John. R. 170; 15 John. R. 24. But contrary decisions
have taken place. 3 Caines, R. 219 4 Hayw. R. 112; and see 4 Mass. R. 115; 1
T. R. 31; 4 T. R. 582.
7. Damages for tortious acts are given for acts against the person, as
an assault and battery against the reputation, as libels and slander,
against the property, as trespass, when force is used; or for the
consequential acts of the tort-feasor, as, when a man, in consequence of
building a dam on his own premises, overflows his neighbor's land; or
against the relative rights of the party injured, as for criminal
conversation with his wife.
8. No settled rule or line of distinction can be marked out when a
possibility of damages shall be accounted too remote to entitle a party to
claim a recompense: each case must be ruled by its own circumstances. Ham.
N. P. 40; Kames on Eq. 73, 74. Vide 7 Vin. Ab. 247; Yelv. 45, a; Id. 176, a;
Bac. Ab. h.t.; 1 Lilly's Reg. 525; Domat, liv. 3, t. 5, s. 2, n. 4; Toull.
liv. 3, n. 286; 2 Saund. 107, note; 1 Rawle's Rep. 27; Coop. Just. 606; Com.
Dig. 11. t.; Bouv. Inst. Index, h.t. See, Cause; Remote.
9. Damages for torts are either compensatory or vindictive. By
compensatory damages is meant such as are given morely to recompense a party
who has sustained a loss in consequence of the acts of the defendant, and
where there are no circumstances to aggravate the act, for the purpose of
compensating the plaintiff for his loss; as, for example, Where the
defendant had caused to be seized, property of A for the debt of B, when
such property was out of A's possession, and there appeared reason to
believe it was B's. Vindictive damages are such as are given against a
defendant, who, in addition to the trespass, has been guilty of acts of
outrage and wrong which cannot well be measured by a compensation in money;
as, for example, where the defendant went to A's house, and with insult and
outrage seized upon A's property, for a debt due by B, and carried it away,
leaving A's family in distress. Sedgw. on Dam. 39; 2 Greenl. Ev. Sec. 253; 1
Gillis. 483; 12 Conn. 580; 2 M. & S. 77; 4 S. & R. 19; 5 Watts, 375; 5 Watts
& S. 524; 1 P. S. R. 190, 197.
10. In cases of loss of which have been insured from maritime dangers,
when an adjustment is made, the damages are settled by valuing the property,
not according to prime cost, but at the price at which it may be sold at the
time of settling the average. Marsh. Inst. B. 1, c. 14, s. 2, p. 621. See
Adjustment; Price.
DAMAGES, EXCESSIVE. Such damages as are unreasonably great, and not
warranted by law.
2. The damages are excessive in the following cases: 1. When they are
greater than is demanded by the writ and declaration. 6 Call 85; 7 Wend.
330. 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. 4 Mass. 14; 5
Mass. 435; 6 Halst. 284.
3. But in actions for torts to the person or reputation of the
plaintiff, the damages will not be considered excessive unless they are
outrageous. 2 A. K. Marsh 365; Hard. 586; 3 Dana, 464; 2 Pick. 113; 7 Pick.
82; 9 John. 45; 10 John. 443; 4 Mass. 1; 9 Pick. 11; 2 Penn. 578.
4. When the damages are excessive, a new trial will be granted on that
ground.
DAMAGES, LAYING, pleading. In personal and mixed actions, (but not in penal
actions, for obvious reason,) the declaration must allege, in conclusion,
that the injury is to the damage of the plaintiff; and must specify the
amount of damages. Com. Dig. Pleader, C 84; 10 Rep. 116, b.
2. In personal actions there is a distinction between actions that
sound in damages, and those that do not; but in either of these cases, it is
equally the practice to lay damages. There is, however, this difference:
that, in the former case, damages are the main object of the suit, and are,
therefore, always laid high enough to cover the whole demand; but in the
latter, the liquidated debt, or the chattel demanded, being the main object,
damages are claimed in respect of the detention only, of such debt or
chattel; and are, therefore, usually laid at a small sum. The plaintiff
cannot recover greater damages than he has laid in the conclusion of his
declaration. Com. Dig. Pleader, C 84; 10 Rep. 117, a, b; Vin. Ab. Damages,
R.
3. In real actions, no damages are to be laid, because, in these, the
demand is specially for the land withheld, and damages are in no degree the
object of the suit. Steph. Pl. 426; 1 Chit. Pl. 397 to 400.
DAMAGES, DOUBLE or TREBLE, practice. In cases where a statute gives a party
double or treble damages, the jury are to find single damages, and the court
to enhance them, according to the statute Bro. Ab. Damages, pl. 70; 2 Inst.
416; 1 Wils. 126; 1 Mass. 155. In Sayer on Damages, p. 244, it is said, the
jury may assess the statute damages and it would seem from some of the
modern cases, that either the jury or the court may assess. Say. R. 214; 1
Gallis. 29.
DAMAGES, GENERAL, torts. General damages are such as the law implies to have
accrued from the act of a tort-feasor. To call a man a thief, or commit an
assault and battery upon his person, are examples of this kind. In the first
case the law presumes that calling a man a thief must be injurious to him,
with showing that it is so. Sir W. Jones, 196; 1 Saund. 243, b. n. 5; and in
the latter case, the law implies that his person has been more or less
deteriorated, and that the injured party is not required to specify what
injury he has sustained, nor to prove it. Ham. N. P. 40; 1 Chit. Pl. 386; 2
L.R. 76; 4 Bouv. Inst. n. 3584.
DAMAGES, LIQUIDATED, contracts. When the parties to a contract stipulate for
the payment of a certain sum, as a satisfaction fixed and agreed upon by
them, for the not doing of certain things particularly mentioned in the
agreement, the sum so fixed upon is called liquidated damages. (q.v.) It
differ from a penalty, because the latter is a forfeiture from which the
defaulting party can be relieved. An agreement for liquidated damages can
only be when there is an engagement for the performance of certain acts, the
not doing of which would be an injury to one of the parties; or to guard
against the performance of acts which, if done, would also be injurious. In
such cases an estimate of the damages may be made by a jury, or by a
previous agreement between the parties, who may foresee the consequences of
a breach of the engagement, and stipulate accordingly. 1 H. Bl. 232; and
vide 2 Bos. & Pul. 335, 350-355; 2 Bro. P. C. 431; 4 Burr, 2225; 2 T. R. 32.
The civil law appears to agree with these principles. Inst. 3, 16, 7; Toull.
liv. 3, n. 809; Civil Code of Louis. art. 1928, n. 5; Code Civil, 1152,
1153.
2. It is to be observed, that the sum fixed upon will be considered as
liquidated damages, or a penalty, according to the intent of the parties,
and the more use of the words "penalty," &c "forfeiture," or "liquidated
damages," will not be regarded is at all decisive of the question, if the
instrument discloses, upon the whole, a different intent. 2 Story, Eq. Sec.
1318; 6 B.& C. 224; 6 Bing. 141; 6 Iredell, 186; 3 Shepl. 273; 2 Ala. 425;
8 Misso. 467.
3. Rules have been adopted to ascertain whether such sum so agreed upon
shall be considered a penalty or liquidated damages, which will be here
enumerated by considering, first, those cases where it has been considered
as a penalty and, secondly, where it has been considered as liquidated
damages.
4.-1. It has been treated as penalty, 1st. where the parties in the
agreement have expressly declared the sum intended as a forfeiture or a
penalty, and no other intent can be collected from the instrument. 2 B. & P,
340, 350, 630; 1 McMullan, 106; 2 Ala. 425; 5 Metc. 61; 1 H. Bl. 227; 1
Campb. 78; 7 Wheat. 14; 1 Pick. 451; 4 Pick. 179; 3 Johns. Cas. 297. 2d.
Where it is doubtful whether it was intended as a penalty or not, and a
certain debt or damages, less than the penalty, is made payable on the face
of the instrument. 3 C. & P. 240; 6 Humph. 186. 3d. Where the agreement was
made, evidently, for the attainment of another object, to which the sum
specified is wholly collateral. 11 Mass. 76; 15 Mass. 488; 1 Bro. C. C. 418.
4th. Where the agreement contains several matters, of different degrees of
importance, and yet the sum named is payable for the breach of any, even the
least. 6 Bing. 141; 5 Bing. N. C. 390; 7 Scott, 364; sed vide, 7 John. 72;
15 John. 200. 5th. Where the contract is not under seal, and the damages are
capable of being certainly known and estimated. 2 B. & Al. 704; 6 B. & C.
216; 1 M. & Malk. 41; 4 Dall. 150; 5 Cowen, 144.
5.-2. The sum agreed upon has been considered as liquidated damages,
1st. Where the damages are uncertain, and are not capable of being
ascertained by any satisfactory and known rule. 2 T. R. 32; 1 Alc. & Nap.
389; 2 Burr, 2225; 10 Ves. 429; 3 M. & W. 545; 8 Mass. 223; 3 C. & P. 240; 7
Cowen 307; 4 Wend. 468. 2d. Where, from the tenor of the agreement, or from
the nature of the case, it appears that the parties have ascertained the
amount of damages by fair calculation and adjustment. 2 Story, Eq. Juris.
Sec. 1318; 10 Mass. 459; 7 John. 72; 15 John. 200; 1 Bing. 302; 7 Conn. 291;
13 Wend. 507; 2 Greenl. Ev. Sec. 259; 11 N. H. Rep. 234; 6 Blackf. 206; 26
Wend. 630; 17 Wend. 447; 22 Wend. 201; 7 Metc. 583; 2 Ala. 425; 2 Shepl.
250.
Vide, generally, 7 Vin. Ab. 247; 16 Vin. Ab. 58; 2 W. Bl. Rep. 1190;.
Coop. Just. 606; 1 Chit. Pr. 872; 2 Atk. 194; Finch. 117; Prec. in Ch. 102;
2 Bro. P. C. 436; Fonbl. 151, 2, note; Chit. Contr. 836; 11 N. Hamp. Rep.
234.
DAMAGES, SPECIAL, pleading. As distinguished from the gist of the action,
signify that special damage which is stated to result from the gist; as, if
a plaintiff in an action of trespass for breaking his close, entering his
house, and tossing his goods about, were to state that by means of the
damage done to his house, he was obliged to seek lodging elsewhere.
2. Sometimes the special damage is said to constitute the gist of the
action itself; for example, in an action wherein the plaintiff declares for
slanderous words, which of themselves are not a sufficient ground or
foundation for the suit, if any particular damage result to the plaintiff
from the speaking of them, that damage is properly said to be the gist of
the action.
3. But whether special damage be the gist of the action, or only
collateral to it, it must be particularly stated in the declaration, as the
plaintiff will not otherwise be permitted to go into evidence of it at the
trial, because the defendant cannot also be prepared to answer it. Willes,
23. See Gist.
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. from the uttering of slanderous words, actionable in themselves, or
are such as arise from an act indifferent and not actionable in itself, but
injurious only in its consequences, as when the words become actionable only
by reason of special damage ensuing. To constitute special damage the legal
and natural consequence must arise from the tort, and not be a mere wrongful
act of a third person, or a remote consequence. 1 Camp. 58; Ham. N. P. 40; 1
Chit. Pl. 385, 6.
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DAMAGES INADEQUATE
(bouvier) | DAMAGES INADEQUATE. Such as are unreasonably low, and less than is required
by law.
2. Damages are inadequate, when the plaintiff sues for a breach of
contract, and the damages given are less than the amount proved. 9 Pick. 11.
3. In actions for torts, the smallness of damages cannot be considered
by the court. 3 Bibb, 34. See 11 Mass. 150.
4. In a proper case, a new trial will be granted on the ground of
inadequate damages.
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DAMAGES ON BILLS OF EXCHANGE
(bouvier) | DAMAGES ON BILLS OF EXCHANGE, contracts. A penalty affixed by law to the
non-payment of a bill of exchange when it is not paid at maturity, which the
parties to it are obliged to pay to the holder.
2. The discordant and shifting regulations on this subject which have
been enacted in the several states, render it almost impossible to give a
correct view of this subject. The drawer of a bill of exchange may limit the
amount of damages by making a memorandum in the bill, that they shall be a
definite sum; as, for example, "In case of non-acceptance or non-payment,
reexchange and expenses not to exceed ___________ dollars. 1 Bouv. Inst. n.
1133. The following abstract of the laws of several of the United States,
will be acceptable to the commercial lawyer.
3. Alabama. 1. When drawn on a person in the United States. By the
Act of January 15, 1828, the damages on a protested bill of exchange drawn
on a person, either in this or any other of the United States, are ten per
cent. By the Act of December 21, 1832, the damages on such bills drawn on
any person in this state, or upon any person payable in New Orleans, and
purchased by the Bank of Alabama or its branches, are five per cent.
4.-2. Damages on protested bills drawn on on person out of the United
States are twenty per cent.
5. Arkansas. 1. It is provided by the Act of February 28, 1838, s. 7,
Ark. Rev. Stat. 150, that "every bill of exchange expressed to be for value
received, drawn or negotiated within this state, payable after date, to
order or bearer, which shall be duly presented for acceptance or payment,
and protested for non-acceptance or non-payment, shall be subject to damages
in the following cases: first, if the bill have been drawn on any person at
any place within this state, at the rate of two per centum on the principal
sum specified in the bill; second, if the bill shall be drawn on any person,
and payable in any of the states of Alabama, Louisiana, Mississippi,
Tennessee, Kentucky, Ohio, Indiana, Illinois, and Missouri, or any point on
the Ohio river, at the rate of four per centum on the principal sum in such
bill specified: third, if the bill shall have been drawn on any person, and
payable at any place within the limits of the United States, not
hereinbefore expressed, at the rate of five per centum on the principal sum
specified in the bill: fourth, if the bill shall have been drawn on any
person, and payable at any point or place beyond the limits of the United
States, at the rate of ten per centum on the sum specified in the bill.
6.-2. And by the 8th section of the same act, if any bill of exchange
expressed to be for value received, and made payable to order or bearer,
shall be drawn on any person at any place within this state, and accepted
and protested for non-payment, there shall be allowed and paid to the
holder, by the acceptor, damages in the following cases: first, if the bill
be drawn by any person at any place within this sate, at the rate of two per
centum on the principal sum therein specified: second, if the bill be drawn
at any place without this state, but within the limits of the United States,
at the rate of six per centum on the sum therein specified: third, if the
bill be drawn on any person at any place without the limits of the United
Sates, at the rate of ten per centum on the sum therein specified. And, by
sect 9, in addition to the damages allowed in the two preceding sections to
the holder of any bill of exchange protested for non-payment or
nonacceptance, he shall be entitled to costs of protest, and interest at the
rate of ten per centum per annum, on the amount specified in the bill, from
the date of the protest until the amount of the bill shall be paid."
7. Connecticut. 1. When drawn on another place in the United States.
When drawn upon persons in the city of New York, two per cent. When in other
parts of the state of New York, or the New England states (other than this,)
New Jersey, Pennsylvania, Delaware, maryland, Virginia, or the District of
Columbia, three per cent. When on persons in North or South Carolina,
Georgia, or Ohio, five per cent. On other states, territories or districts,
in the United States, eight per cent, on the principal sum in each case,
with interest on the amount of such sum, with the damage after notice and
demand. Stat. tit. 71, Notes and Bills, 413, 414. When drawn on persons
residing in Connecticut no damages are allowed.
8.-2. When the bill is drawn on person out of the United States,
twenty per cent is said to be the amount which ought reasonably to be
allowed. Swift's Ev. 336. There is no statutory provision on the subject.
9. Delaware. If any person shall draw or endorse any bill of exchange
upon any person in Europe, or beyond seas, and the same shall be returned
back unpaid, with a legal protest, the drawer there and all others concerned
shall pay and discharge the contents of the said bill, together with twenty
per cent advance f or the damage thereof; and so proportionably for a
greater or less sum, in the sam specie as the same bill was drawn, or
current money of this government equivalent to that which was first paid to
the drawer or endorser.
10. Georgia. 1. Bills on persons in the United States. First, in the
state. No damages are allowed on protested bills of exchange drawn in the
state, on a person in the state, except bank bills, on which the damages are
ten per cent for refusal to pay in specie. 4 Laws of Geo. 75. Secondly, upon
bills drawn or negotiated in the state on persons out of the state, but
within the United States, five per cent, and interest. Act of 1823, Prince's
Dig. 454; 4 Laws of Geo. 212.
11.-2. When drawn upon a person out of the United States, ten per
cent. damages and postage, protest and necessary expenses; also the premium,
if any, on the face of the bill; but if at a discount, the discount must be
deducted. Act of 1827, Prince's Dig. 462; 4 Laws of Geo. 221.
12. Indiana. 1. When drawn by a person in the state on another person
in Indiana, no damages are allowed.
13.-2. When drawn on a person in another state, territory, or
district, five per cent. 3. When drawn on a person out of the United States,
ten percent. Rev. Code, c. 13, Feb. 17, 1838.
14. Kentucky. 1. When drawn by a person in Kentucky on a person in the
state, or in any other state, territory, or district of the United States,
no damages are allowed. See, Acts, Sessions of 1820, p. 823.
15.-2. When on a person in a foreign country, damages are given at the
rate of ten per cent. per ann. from the date of the bill until paid, but not
more than eighteen months interest to be collected. 2 Litt. 101.
16. Louisiana. The rate of damages to be allowed and paid upon the
usual protest for non-acceptance, or for non-payment of bills of exchange,
drawn or negotiated within this state in the following cases, is as follows:
on all bills of exchange drawn on or payable in foreign countries, ten
dollars upon the hundred upon the principal sum specified in such bills; on
all bills of exchange, drawn on and payable in other states in the United
States, five dollars upon the hundred upon the principal sum specified in
such bill. Act of March 7, 1838, s. 1.
17. By the second section of the same act it is provided that such
damages shall be in lieu of interest, charge of protest, and all other
charges, incurred previous to the time of giving notice of non-acceptance or
non-payment; but the principal and damages shall bear interest thereafter.
18. By section 3, it is enacted, that if the contents of such bill be
expressed in the money of account of the United States, the amount of the
principal and of the damages herein allowed for the non-acceptance or non-
payment shall be ascertained and determined, without any reference to the
rate of exchange existing between this state and the place on which such
bill shall have been drawn, at the time of the payment, on notice of non-
acceptance or non-payment.
19. Maine. 1. When drawn payable in the United States. The damages in
addition to the interest are as follows: if for one hundred dollars or more,
and drawn, accepted, or endorsed in the state, at a place, seventy-five
miles distant from the place where drawn, one per cent.; if, for any sum
drawn, accepted, and endorsed in this state, and payable in New Hampshire,
Vermont, Connecticut, Rhode Island, or New York, three per cent; if payable
in New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina,
Georgia, or the District of Columbia, six per cent.; if payable in any other
state, nine per cent. Rev. St. tit. 10 c. 115, Sec. 110, 111.
20.-2. Out of the United States, no statutory provision. It is the
usage to allow the holder of the bill the money for which it was drawn,
reduced to the currency of the state, at par, and also the charges of
protest with American interest upon those sums from the time when the bill
should have been paid and the further sum of one-tenth of the money for
which the bill was drawn, with interest upon it from the time payment of the
dishonored bill was demanded of the drawer. But nothing has been allowed for
re-exchange, whether it is below or above par. Per Parsons, Ch. J. 6 Mass.
157, 161 see 6 Mass. 162.
21. Maryland. 1. No damages are allowed when the bill is drawn in the
state on another person in Maryland.
22.-2. When it is drawn on any "person, company, or society, or
corporation in any other of the United States," eight per cent. damages on
the amount of the bill are allowed, and an amount to purchase another bill,
at the current exchange, and interest and losses of protest.
24.-3. If the bill be drawn on a "foreign country," fifteen per cent.
damages are allowed, and the expense of purchasing a new bill as above,
besides interest and costs of protest. See Act of 1785, c. 88.
25. Michigan. 1. When a bill is drawn in the state on a person in the
state, no damages are allowed.
26.-2. When drawn or endorsed within the state and payable out of it,
within the United States, the rule is as follows: in addition to the
contents of the bill, with interest and costs, if payable within the states
of Wisconsin, Illinois, Indiana, Ohio, and New York, three per cent. on the
contents of the bill if payable within the states of Missouri, Kentucky,
Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New
Jersey, Pennsylvania, Delaware, Maryland, Virginia, or the District of
Columbia, five per centum; if payable elsewhere in the United States, out of
Michigan, ten per cent. Rev. St. 156, S. 10.
27.-3. When the bill is drawn within this state, and payable out of
the United States, the party liable must pay the same at the current rate of
exchange at the time of demand of payment, and damages at the rate of five
per cent. on the contents thereof, together with interest on the said
contents, which must be computed, from the date of the protest, and are in
full of all damages and charges and expenses. Rev. Stat. 156, s. 9.
28. Mississippi. 1. When drawn on a person in the state, five per
cent. damages are allowed. How. & Hutch. 376, ch. 35, s. 20, L. 1827; How.
Rep. 3. 195.
29.-2. When drawn on a person in another state or territory, no
damages are given. Id. 3. When drawn on a person out of the United States,
ten per cent. damages are given, and all charges incidental thereto, with
lawful interest. How. & Hutch. 376, ch. 35, s. 19, L. 1837.
30. Missouri. 1. When drawn on a person within the state, four per
cent. damages on the sum specified in the bill are given. Rev. Code, 1835,
Sec. 8, cl. 1, p. 120.
31.-2. When on another state or territory, ten per cent. Rev. Code,
1835, Sec. 8, cl. 2, p. 120. 3. When on a person out of the United States,
twenty per cent. Rev. Code, 1835, Sec. 8, cl. 3, p. 120.
32. New York. By the Revised Statutes, Laws of N. Y. sess. 42, ch. 34,
it is provided that upon bills drawn or negotiated within the state upon any
person, at any place within the six states east of New York, or in New
Jersey, Pennsylvania, Ohio, Delaware, Maryland, Virginia, or the District of
Columbia, the damages to be allowed and paid upon the usual protest for non-
acceptance or non-payment, to the holder of the bill, as purchase thereof,
or of some interest therein, for a valuable consideration, shall be three per
cent. upon the principal sum specified in the bill; and upon any person at
any place within the states of North Carolina, South Carolina, Georgia,
Kentucky, and Tennessee, five percent; and upon any person in any other
state or territory of the United States, or at any other place on, or
adjacent to, this continent, and north of the equator, or in any British or
foreign possessions in the West Indies, or elsewhere in the Western Atlantic
Ocean, or in Europe, ten per cent. The damages are to be in lieu of
interest, charges of protest, and all other charges incurred previous to,
and at the time of, giving notice of non-acceptance or non-payment. But the
holder will be entitled to demand and recover interest upon the aggregate
amount of the principal sum specified in the bill, and the damages from time
of notice of the protest for non-acceptance, or notice of a demand and
protest for non-payment. If the contents of the bill be expressed in the
money of account of the United States, the amount due thereon, and the
damages allowed for the non-payment, are to be ascertained and determined,
without reference to the rate of exchange existing between New York and the
place on which the bill is drawn. But if the contents of the bills be
expressed in the money of account or currency of any foreign. country, then
the amount due, exclusive of the damages, is to be ascertained and
determined by the rate of exchange, or the value of such foreign currency,
at the time of the demand of payment.
33. Pennsylvania. The Act of March 30, 1821, entitled an act
concerning bills of exchange, enacts, that, Sec. 1, "whenever any bill of
exchange hereafter be drawn and endorsed within this commonwealth, upon any
person or persons, or body corporate, of, or in any other state, territory,
or place, shall be returned unpaid with a legal protest, the person or
persons to whom the same shall or may be payable, shall be entitled to
recover and receive of and from the drawer or drawers, or the endorser or
endorsers of such bill of exchange, the damages hereinafter specified, over
and above the principal sum for which such bill of exchange shall have been
drawn, and the charges of protest, together with lawful interest on the
amount of such principal sum, damages and charges of protest, from the time
at which notice of said protest shall have been given, and the payment of
said principal sum and damages, and charges of protest demanded; that is to
say, if such bill shall have been drawn upon any person or persons, or body
corporate, of, or in any of the United States or territories thereof,
excepting the state of Louisiana, five per cent. upon such principal sum; if
upon any person or persons, or body corporate, of, or in Louisiana, or of,
or in any other state or place in North America, or the islands thereof,
excepting the northwest coast of America and Mexico, or of, or in any of the
West India or Bahama Islands, ten per cent. upon such principal sum; if upon
any person or persons, or body corporate, of, or in the island of Madeira,
the Canaries, the Azores, the Cape de Verde Islands, the Spanish Main, or
Mexico, fifteen per cent. upon such principal sum; if upon any person or
persons, or body corporate, of, or in any state or place in Europe, or any
of the island's thereof, twenty per cent. upon such principal sum; if upon
any person or persons, or body corporate, of, or in any other part of the
world, twenty-five per cent. upon such principal sum.
34.-2. "The damages, which, by this act, are to be recovered upon any
bill of exchange, shall be in lieu of interest and all other charges, except
the charges of protest, to the time when notice of the protest and demand of
payment shall have been given and made, aforesaid; and the amount of such
bill and of the damages payable thereon, as specified in this act, shall be
ascertained and determined by the rate, of exchange, or value of the money
or currency mentioned in such bill, at the time of notice of protest and
demand of payment as before mentioned."
35. Tennessee. 1. On a bill drawn or endorsed within the state upon
any person or persons, or body corporate, of, or in, any other state,
territory, or place, which shall be returned unpaid, with a legal protest,
the holder shall be entitled to the damages hereinafter specified, over and
above the principal sum for which such bill of exchange shall have been
drawn, and the charge of protest, together with lawful interest on the
amount of such principal sum, damages, and charges of protest, from the time
at which notice of such protest shall have been given, and the payment of
said principal sum, damages, and charges of protest demanded; that is to
say, if such bill shall have been drawn on any person or persons, or body
corporate, of, or in any of these United States, or the territories thereof,
three per cent. upon such principal sum: if upon any other person or
persons, or body corporate, of, or in, any other state or place in North
America, bordering upon the Gulf of Mexico, or of, or in, any of the West
India Islands, fifteen per cent. upon such principal sum; if upon any person
or persons, or body corporate, of, or in, any other part of the world,
twenty per cent. upon such principal sum.
36.-2. The damages which, by this act, are to be recovered upon any
bill of exchange, shall be in lieu of interest and all other charges, except
charges of protest, to the time when notice of the protest and demand of
payment shall have been given and made as aforesaid. Carr. & Nich. Comp.
125; Act of 1827, c. 14.
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MEASURE OF DAMAGES
(bouvier) | MEASURE OF DAMAGES, prac. Those principles or rules of law which control a
jury in adjusting or proportioning the damages, in certain cases. 1 Bouv.
Inst. n. 636.
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SHIP DAMAGES
(bouvier) | SHIP DAMAGES. In the charter parties with the English East India Company,
these words occur; their meaning is damage from negligence, insufficiency or
bad stowage in the ship. Dougl. 272; Abbott, on Ship. 204.
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SOUNDING IN DAMAGES
(bouvier) | SOUNDING IN DAMAGES. When an action is brought, not for the recovery of
lands, goods, or sums of money, (as is the case in real or mixed actions, or
the personal action of debt or detinue,) but for damages only, as in
covenant, trespass, &c., the action is said to be sounding in damages.
Steph. Pl. 126, 127.
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SPECIAL DAMAGES
(bouvier) | SPECIAL DAMAGES. Such as actually have been suffered, and are not implied by
law. Vide Damages, Special; and 1 Chit. Pl. 385; Com. Dig. Action on the
case for Defamation, D 30, G 11.
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STIPULATED DAMAGES
(bouvier) | STIPULATED DAMAGES, contracts. The sum agreed by the parties to be paid, on
a breach of a contract, by the party violating his engagement to the other.
2. It is difficult to distinguish, in some cases, between stipulated
damages and a penalty; (q.v.) 3 Chitty's Commer. Law, 627; 2 Bos. & Pull.
346. The effect of inserting stipulated damages, either at law or equity, a
pears to be, that both parties must abide by the stipulation, and the
prescribed sum must be given. Holt, C. N. P. 46 Newl. Contr. 313; see 5
Taunt. Rep. 247. Vide Damages, Liquidated.
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TREBLE DAMAGES
(bouvier) | TREBLE DAMAGES, remedies. In actions arising ex contractu some statutes give
treble damages; and these statutes have been liberally construed to mean
actually treble damages; for example, if the jury give twenty dollars
damages for a forcible entry the court will award forty dollars more, so as
to make the total amount of damages sixty dollars. 4 B. & C. 154; McClell.
Rep. 567.
2. The construction on the words treble damages, is different from that
which has been put on the words treble costs. (q.v.) Vide 6 S. & R. 288; 1
Browne, R. 9; 1 Cowen, R. 160, 175,176, 584; 8 Cowen, 115.
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UNLIQUIDATED DAMAGES
(bouvier) | UNLIQUIDATED DAMAGES. Such damages, as are unascertained. In general such
damages cannot be set-off. No interest will be allowed on unliquidated
damages. 1 Bouv. Inst. n. 1108. See Liquidated, Liquidated Damages.
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