Also known as: amend · reparation · compensation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Money or other redress awarded to compensate a victim for harm caused by a wrongful act. Recovery extends to bodily injury, emotional distress, and impaired earning capacity when proximately caused by the defendant's conduct.
Money or other redress awarded to compensate a victim for harm caused by a wrongful act. Recovery extends to bodily injury, emotional distress, and impaired earning capacity when proximately caused by the defendant's conduct.
Amber Alonzo, an orthopedic surgeon, suffered hand tremors after negligent exposure to a toxic spill at her hospital. She sues the responsible parties and proves the exposure caused lasting impairment that prevents her from performing high-paying surgeries. The court awards her damages that include compensation for her reduced future earning capacity as part of full reparation for the injury.
A change or alteration made to a legal document, rule, or agreement under procedures that preserve fairness and validity.
Alexis Archer, a sitting judge, receives a request from her sibling to represent him in a contract dispute. She declines the representation and instead provides only uncompensated document review outside any forum. The rule bars her from serving as counsel, so she makes no formal appearance and avoids any violation.
Aaron Adams created a revocable trust and later decides to add property to it. He possesses the same mental capacity required to execute a will. Because that standard is met, the addition is valid and the trustee must follow the updated directions.
A change or alteration made to a legal document, rule, or agreement under procedures that preserve fairness and validity.
Each sense below has its own examples, sources, and questions.
Anthony Arnold, head chef and co-owner of a bistro, suffered severe burns from an exploding gas regulator. The injury caused him to miss work and reduced the restaurant's profits that flow to him personally. He recovers damages covering both his physical harm and the resulting economic impact on his ownership interest.
Aisha Ahmed suffered a leg injury and developed severe nightmares after a valve explosion at her workplace. She proves the employer's negligence caused both the physical harm and the resulting anxiety. The court permits recovery for both categories of personal injury damages.
Amends covers bodily harm, accompanying emotional distress, and impaired earning capacity when the defendant's conduct proximately causes the loss. These elements allow the plaintiff to recover for physical injury, mental suffering such as nightmares or anxiety, and any reduction in future earnings potential.
No. Emotional distress that flows from a proven physical injury is recoverable without any separate showing of permanent earnings loss. The plaintiff need only establish that the distress resulted from the bodily harm caused by the defendant.
Alice Atkins owns property with a nonconforming use that a new zoning ordinance prohibits. The ordinance grants her a reasonable period to phase out the use based on her investment and the nature of the activity. After that period expires, the use must cease without constituting a taking.
A judge may give uncompensated advice or draft documents for family members but may not appear as their lawyer in any forum. The judge must also avoid using the prestige of office to advance personal interests while acting pro se.
The capacity needed to amend a revocable trust is the same as that required to make a will. This standard ensures the settlor understands the nature of the change and its effect on the trust property.
…of the defendants' default and that they were the only loss actually sustained. The principle of damages is to render compensation to the injured party. Authorities and treatises were cited, including Sedgwick on the Measure of Damages, where the rule is stated that in contract cases damages may be those which both…