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Diminution in value is a legal term of art used when calculating damages in a legal dispute, and describes a measure of value lost due to a circumstance or set of circumstances that caused the loss. Specifically, it measures the value of something before and after the causative act or omission creating the lost value in order to calculate ...
Pettus (1885), the court held that the representative plaintiff could not, however, recover a salary for the time spent litigating. Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935 ...
Recovery of damages by a plaintiff in lawsuit is subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant. This is known as the principle of proximate cause. This principle governs the recovery of all compensatory damages, whether the underlying claim is based on contract, tort, or both. [5]
L.A. County property owners who suffer more than $10,000 in losses may qualify for a property tax reassessment. They may also get a break on penalties. Silver lining to winter storm damage in ...
At common law, the ordinary action for the recovery of goods wrongfully taken was originally one of detinue, but no means of immediate recovery was possible until the action was tried. Replevin arose to deal with the matter of the illegal distress of goods for rent or damage feasant, [9] in order to procure their restoration to the owner. [10]
If your property is damaged by a fallen tree, whether it originated from your property or a neighbor’s, your first move should be to contact your homeowners insurance company. From there, your ...
Waste is a term used in property law to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property.
In contrast, Penal Code 452 describes what’s called “reckless” burning, starting a fire that causes injury or damages property without malicious intent. This type of arson can be charged as ...