Also known as: losses · damages · detriment
Written by attorneys · grounded in primary & secondary sources — see below
An undesirable outcome of a risk. The disappearance or diminution of value, usually in an unexpected or relatively unpredictable way. The failure to maintain possession of a thing.
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Lila Lin stabbed a neighbor during a psychotic episode. At trial she proved a disease of the mind that caused a defect of reason. She also showed she could not stop herself from acting. The court rejected the defense because loss of self-control alone does not satisfy the M'Naghten test.
Lamar Lewis contracted to sell land to Lily Lopez. A recorded easement appeared after signing. Lopez refused to close. Because the title carried an encumbrance creating reasonable doubt, the court held it unmarketable and allowed Lopez to rescind and recover her deposit.
Lucas Lee sued for personal injuries. In his Rule 26(a)(1) disclosures he listed medical expenses and lost wages. He attached the underlying bills and employment records. The court accepted the computation because it rested on the required evidentiary materials.
Leah Lamb, a corporate officer, learned of a new product line. She disclosed the opportunity to the board. Qualified directors voted to disclaim the corporation's interest. The court held that Lamb could pursue the opportunity without liability for any resulting corporate loss.
Linden Logistics failed to deliver components for three months. The buyer showed that the delay substantially impaired the value of the remaining contract. The court allowed recovery of damages for all remaining rights to performance because the breach met the total-breach standard.
Lighthouse Shipping abandoned leased premises. The landlord relet at a lower rent. The court permitted recovery of the difference in rent plus other damages to the extent allowed under the governing section on remedies.
No. A loss of self-control caused by mental illness, standing alone, does not provide a defense under the M'Naghten test. The defendant must also lack capacity to know the nature and quality of the act or that it was wrong.
A buyer may refuse to close and may rescind or recover damages if the title is unmarketable. Marketable title is free from reasonable doubt and acceptable to a reasonably prudent purchaser with full knowledge of the facts.
…the sole act of the President. If the possession of the original were necessary to authorize performance of duties in office, loss of the commission would lose the office. But a copy from the record of the Secretary of State's office is by law equal to the original. When all requisites have been performed which…
…of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved.…
…for the first time the extent to which the constitutional protections for speech and press limit a State's power to award damages in a libel action brought by a public official against critics of his official conduct. Respondent L. B. Sullivan is one of the three elected Commissioners of the City of Montgomery,…
…York have permitted pooling small trust estates into one fund for investment administration.[^maj-1] The income, capital gains, losses
…where he was interrogated, booked, and strip-searched. Each of the agents was sued in his individual capacity for $15,000 in
A party must disclose a computation of each category of damages claimed and must make available the documents or other evidentiary material on which each computation is based, including materials bearing on the nature and extent of injuries suffered.
A director or officer may take the opportunity without liability if the opportunity is first brought to the corporation's attention and qualified directors disclaim the corporation's interest under the procedures of section 8.62, or if the corporation rejects the opportunity after full disclosure.
A breach by non-performance gives rise to a claim for total breach only if it so substantially impairs the value of the contract to the injured party at the time of the breach that it is just in the circumstances to allow recovery of damages based on all remaining rights to performance.
A landlord may recover damages to the extent prescribed in the governing remedies section after a tenant's breach of a lease.