Legal Articles

POLITICAL

between the assured and the underwriter, but is left to be estimated in case of loss. The term is opposed to “valued policy,” in which the value of the subject insured is fixed for the purpose of the insurance, and expressed on the face of the policy. Mozley & Whitley. Riggs v. Fire Protection Ass’n, 61 S. C. 448, 39 S. E. 614; Cox v. Insurance Co., 3 Rich. Law, 331, 45 Am. Dec. 771; Insurance Co. v. Butler, 38 Ohio St. 128. But this term is also sometimes used in America to describe a policy in which an aggregate amount is expressed in the body of the policy, and the specific amounts and subjects are to be indorsed from time to time. London Assur. Corp. v. Paterson. 106 Ga. 538, 32 S. E. 650

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PONDUS

In old English law. Poundage;

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POPULAR SENSE

In reference to the construction of a statute, this term means that sense which people conversant with the subject-matter with which the statute is dealing would attribute to it. 1 Exch. Div. 2-1S.

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PORTMOTE

In old English law. A court held in ports or haven towns, and PORTORIA 915 POSSESSIO FRATRIS DE FEODO sometimes in Inland towns also. Cowell; Blount

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POSSIBILITAS

Lat Possibility; a possibility. Possihilitas post dissolutionem exccutionis nunquam rcviviscatur, a possibility will never be revived after the dissolution of its execution. 1 Rolle. 321. l’ost crceutionem status, lex non patitur possi- bilitatem, after the execution of an estate the law does not suffer a possibility. 3 Bulst. 10S.

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POST NATUS

Born afterwards. A term applied by old writers to a second or younger son. It is used in private international law to designate a person who was bori. after some historic event, (such as the American Revolution or the act of union between England and Scotland,) and whose rights or status will be governed or affected by the question of his birth before or after such event

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POSTERITY

All the descendants of a person in a direct line to the remotest gen POSTHUMOUS CHILD 920 POTENTIAL eration. Breckinridge v. Denny, 8 Bush (Ky.) 027.

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PERPETUAL CURACY

The office of a curate in a parish where there is no spiritual rector or vicar, but where a clerk (curate) is appointed to officiate there by the impropriator. 2 Burn. Ecc. Law, 55. The church or benefice tilled by a curate under these circumstances is also so called.

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PROXIMATE AND REMOTE DAMAGES

Proximate damages are the immediate and direct damages and natural results of the act complained of, and such as are usual and might have been expected. Remote damages are those attributable immediately to an intervening cause, though it forms a link in an unbroken chain of causation, so that the remote damage would not have occurred if its elements had not been set in motion by the original act or event. Henry v. Railroad Co., 50 Cal. 183; Kuhn v. Jewett, 32 N. J. Eq. 649; Pielke v. Railroad Co.. 5 Dak. 444, 41 N. W. 669. The terms “remote damages” and “consequential damages” are not synonymous nor to be used interchangeably; all remote damage is consequential, but it is by no means true that all consequential damage is remote. Eaton v. Railroad Co., 51 N. II. 511, 12 Am. Rep. 147.

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PECUNIARY DAMAGES

Such as can be estimated in and compensated by money; not merely the loss of money or salable property or rights, but all such loss, deprivation, or injury as can be made the subject of calculation and of recompense in money. Walker v. McNeill. 17 Wash. 582, 50 Pac. 518; Searle v. Railroad Co.. 32 W. Va. 370. 9 S. E. 248; Mclntyre v. Railroad Co., 37 N. Y. 205; Davidson Benedict Co. v. Severson. 100 Tenn.. 572, 72 S. W. 967

TLD Example: The pain and suffering experienced by the victim of an accident cannot be calculated and quantified as easily as medical expenses, lost wages and other pecuniary damages.

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PRESUMPTIVE DAMAGES

A term occasionally used as the equivalent of “exemplary” or “punitive” damages. Murphv v. Hobbs. 7 Colo. 541, 5 Pac. 119, 49 Am. Rep. 300

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PROSPECTIVE DAMAGES

Damages which are expected to follow from the act or state of facts made the basis of a plaintiff’s suit; damages which have not yet accrued, at the time of the trial, but which, in the nature of things, must necessarily, or most probably, result from the acts or facts complained of.

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PASSIVE DEBT

A debt upon which, by agreement between the debtor and creditor, no interest is payable, as
distinguished from active debt; i. c., a debt upon which interest is payable. In this
sense, the terms “active” and “passive” are applied to certain debts due from the
Spanish government to Great Britain. Wharton. In another sense of the words, a debt is
“active” or “passive” according as the person of the creditor or debtor is regarded ; a
passive debt being that which a man owes; an active debt that which is owing to him.
In this meaning every debt is both active and passive,

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PUBLIC DEBT

That which is due or owing by the government of a state or nation. The terms “public debt” and “public securities,” used
in legislation, are terms generally applied to national or state obligations and dues, and
would rarely, if ever, be construed to include town debts or obligations; nor would the
term “public revenue” ordinarily be applied to funds arising from town taxes. Morgan v.
Cree, 46 Vt. 773, 14 Am. Rep. 640.

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PURE DEBT

In Scotch law. A debt due now and unconditionally is so called. It is thus distinguished from a future debt,

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