Legal Dictionary of Pakistan

Damage

n. Loss or injury to person or property <actionable damage resulting from negligence.

Damages

n. pl. Money claimed by, or ordered to be paid to, a person as compensation for loss or injury <the plaintiff seeks $8,000 in damages from the defendant>. - damage, adj "Damages are the sum of money which a person wronged is entitled to receive from the wrongdoer as compensation for the wrong." Frank Gahan, The Law of Damages 1 (1936).

Defamacast

Defamation by television or radio broadcast. See DEFAMATION.

Defamation

n. 1. The act of harming the reputation of another by making a false statement to a third person. 0 If the alleged defamation involves a matter of public concern, the plaintiff is constitutionally required to prove both the statement's falsity and the defendant's fault. 2. A false written or oral statement that damages another's reputation. - defame, vb. See LIBEL; SLANDER. Cf. DISPARAGEMENT. "The wrong of defamation consists in the publication of a false and defamatory statement concerning another person without lawful justification. That person must be in being. Hence not only does an action of defamation not survive for or against the estate of a deceased person, but a statement about a deceased or unborn person is not actionable at the suit of his relatives, however great their pain and distress, unless the statement is in some way defamatory of them." R.F.V. Heuston, Salmond on the Law of Torts 138 (17th ed. 1977).

Defamatory

adj. (Of a statement or communication) tending to harm a person's reputation, usu. by subjecting the person to public contempt, disgrace, or ridicule, or by adversely affecting the person's business. "No exhaustive definition of 'defamatory' emerges from the cases for, as Lord Reid once said, it is not for the judges to 'frame definitions or to lay down hard and fast rules. It is their function to enunciate principles and much that they say is intended to be illustrative or explanatory and not to be definitive' [Cassell & Co. Ltd. u. Broome (1972) AC 1027, 1085]. One can nevertheless achieve a working description by combining two statements, namely: a defamatory statement is one which injures the reputation of another by exposing him to hatred, contempt, or ridicule, or which tends to lower him in the esteem of right-thinking members of society." RW.M. Dias & B.S. Markesinis, Tort Law 423-24 (2d ed. 1989). defamatory libel See LIBEL.

Drama

n. 1. A presentation of a story portrayed by words and actions or actions alone; a play. Cf. DRAMATIC COMPOSITION. "The term [drama] is applied to compositions which imitate action by representing the personages introduced in them as real and as employed in the action itself The varieties of the drama differ more or less widely, both as to the objects imitated and as to the means used in the imitation. But they all agree as to the method or manner which is essential to the dramatic art, viz., imitation in the way of action." 7 Encyclopaedia Britannica 338 (9th ed.1907). 2. An event or series of events having conflicting and exciting elements that capture people's attention.

Euin qui nocentenz infamat, non est aequuniet bonum ob eam rem condemnari; delicta enim nocentium nota esse oportet et expodit

It is not just and proper that one wiv, speaks ill of a bad person should be condemm -c on that account; for it is fitting and expediew that the wron'doinfis of bad poople should be known.

Fama, fides, et oculus non patiuntur ludum

Reputation, plighted faith, and eyesight do not endure deceit.

Fama, quae suspicionem inducit, oriri debet apud bonos et graves, non quidem malevolos et maledicos, sed providas et fide dignas personas, non semel sed saepius, quia clamor minuit et defamatio manife

Report, which induces suspicion, ought to arise from good and grave men; not, indeed, from malevolent and malicious men, but from cautious and credible persons; not only once, but frequently, for clamor diminishes, and defamation manifests.

Good Samaritan doctrine

Torts. The principle that a person who is injured while attempting to aid another in imminent danger, and who then sues the one whose negligence created the danger, will not be charged with contributory negligence unless the rescue attempt is an unreasonable one or the rescuer acts unreasonably in performing the attempted rescue. Cf, EMERGENCY DOCTRINE; RESCUE DOCTRINE; LOST-CHANCE DOCTRINE.

Jamaican switch

An illegal scheme whereby one conspirator convinces the victim of a need for help in handling a large sum of money, usu. by claiming to have found the money or by claiming to be an unsophisticated foreigner, and promises to share part of the money with the victim or asks the victim for help in finding a suitable charity to donate to, at which time the other conspirator appears and promises to assist if both the victim and first conspirator provide good-faith money, the intent being for the two conspirators to leave with all the money, including the victim's.

Laws of Amalfi (ah-mahl-fee)

See AMALPHITAN CODE.

Mulcta damnum famae non irrogat

A fine does not impose a loss of reputation.

Nul sans damage avera error ou attaint

No one shall have error or attaint unless there has been damage.

Proclamation

A formal public announcement made by the government.

Proclamator

Hist. An official at the English Court of Common Pleas responsible for making proclamations.

Qui accusat integrae famae sit et non criminosus

Let the one who accuses be of honest reputation and not implicated in a crime.

able-bodied seaman

An experienced seaman who is qualified for all seaman's duties and certified by an inspecting authority. -Abbr. AB; ABS. - Also termed able seaman; bluewater seaman.

abridgment of damages

The right of a court to reduce the damages in certain cases. Cf. REMITTITUR.

accumulative damages

Statutory damages allowed in addition to amounts available un- der the common law. - Also termed enhanced damages.

accumulative damages.

See DAMAGES.

action in equity. An action that seeks equitable relief, such as an injunction or specific performance, as opposed to damages.

actual damages

An amount awarded to a complainant to compensate for a proven injury or loss; damages that repay actual losses. - Also termed compensatory damages.

actual damages.

See DAMAGES.

added damages

See punitive damages.

added damages.

See punitive damages under DAMAGES.

additional damages

Damages usu. provided by statute in addition to direct damages. ( Additional damages can include expenses resulting from the injury, consequential damages, or punitive damages.

aggravated damages.

see punitive damages under damages.

ama

abbr. american medical association.

amalgamation

n. the act of combining or uniting; consolidation <amalgamation of two small companies to form a new corporation>. - amalgamate, ub. - amalgamator,

amalphitan code

hist. a code of maritime law compiled late in the 11th century at the port of amalfi near naples. ( the code was regarded as a primary source of maritime law throughout the mediterranean to the end of the 16th century. - also termed amalphitan table; laws of amalfi.

amanuensis

n. [fr. latin ab"from" + manus "hand"] one who takes dictation; a scribe or secretary.

animus defamandi

[latin] the intention to defame.

benefit-of-the-bargain damages

Damages that a breaching party to a contract must pay to the aggrieved party, equal to the amounts that the aggrieved party would have received, including profits, if the contract had been fully performed.

benefit-of-the-bargain damages.

See DAMAGES.

bluewater seaman.

See able-bodied seaman under SEAMAN.

compensatory damages

1 Damages sufficient in amount to indemnify the injured person for the loss suffered. - Often shortened to compensatories. 2. See actual damages.

consequential damages

See DAMAGE

continuing damages

1 Damages arising from the same injury. 2. Damages arising from the repetition of similar acts within a definite period.

criminal damage to property

1. fojucy, destruction, or substantial impairment to the tt~e of property (other than by fire or explosion without the consent of a person having an interest in the property. 2. Injury, destruction, or substantial impairment to the use of property (other than by fire or explosion) with the intent to injure or defraud an insurer or penholder. Cf. ARSON.

damage feasant

n. [fr. French faisant dommage] Hist. Doing damage. 9 This phrase usu. refers to injury to a person's land caused by another person's animals trespassing on the property and eating the crops or treading the grass. By law, the owner of the damaged property could distrain and impound the animals until compensated by the animals' owner. But the impounder had to feed the animals and could not sell or harm them. The term was introduced during the reign of Edward III. - Also spelled damage faisant. - Also termed damnum facientes.

damage rule

See LEGAL-INJURY RULE.

damage-cleer

n. [fr. Latin damns clericorum "clerk's compensation"] Hist. A set fee payable by a plaintiff to the Court of the Common Pleas, King's Bench, or Exchequer before execution on an award of damages. e The fee - later abolished by statute - was originally a gratuity to the court clerks for preparing special pleadings. - Also spelled damage cleere. - Also termed damna clericorum. "Damage cleere, damna clericorum, was assessed by the tenth part in the common pleas, and by the twentieth part in the king's bench and exchequer, of all damages, exceeding five marks, recovered either by verdict, confession, or judgment of the court, in all actions upon the case, covenant, trespass, battery, false imprisonment, dower, and all others, wherein the damages were uncertain, which the plaintiff was obliged to pay to the prothonotary, or chief officer of that court, wherein they were recovered before he could have execution for them. But this is taken away by 17 Car. 2, c. 6." Termes de la Ley 141 (1st Am. ed. 1812).

damages for detention

See noncontract demurrage under DEMURRAGE.

damages for lost expectations

See expectation damages.

damages ultra

See DAMAGES.

damages, mitigation of

See MITIGATION-OFDAMAGES DOCTRINE.

de gestu et fama

n. [Law Latin "of behavior and reputation"] Hist. A writ available to a person whose character and reputation had been impeached.

defamation per quod

Defamation that either (1) is not apparent but is proved by extrinsic evidence showing its injurious meaning or (2) is apparent but is not a statement that is actionable per se.

defamation per se

A statement that is defamatory in and of itself and is not capable of an innocent meaning.