Dictionary of Law

property damage :: legal definition

Property damage - n. injury to real or personal property through another's negligence, willful destruction or by some act of nature. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury. Property damage may include harm to an automobile, a fence, a tree, a home or any other possession. The amount of recovery for property damage may be established by evidence of replacement value, cost of repairs, loss of use until repaired or replaced or, in the case of heirlooms or very personal items (e.g. wedding pictures), by subjective testimony as to sentimental value.

See also: damages property and Related Law Terms ↓

Related Law Terms

abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
chattel :: n. an item of personal property which is movable, ... ments). See also: personal property
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage.
Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars.
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
holographic will :: n. a will entirely handwritten, dated and signed b ... lost in the desert. See also: will
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner.
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty
pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel.
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
will :: n. a written document which leaves the estate of t ... will and testament probate testator
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.