included under the damnum
emergens can be divided into inflation and
and gas are damnum
absque injuria by analogy to earlier cases dealing
Pleading damages is a bit trickier, as plaintiffs have an interest in not being hemmed in on a fixed ad damnum
at the pleading stage.
16) In addition to readability, however, we were able to generate data on five common measures of plain legal English: (1) stuffy terms that often have plainer counterparts, like "abutting," "commence," "multitudinous," and "necessitous"; (2) compound constructions that usually can be expressed in a plainer way, like "during the period from," "with regard to," "because of the fact that"; (3) redundant legal phrases like "false and untrue," "aid and abet," and "give, devise and bequeath"; (4) "lawyerisms" like "hereby," "aforesaid," and "wherein"; and (5) Latinisms like "id est," "ad quod damnum
," and "de lege lata".
at ad damnum
clause (containing the relief sought).
MARK KANTOR, VALUATION FOR ARBITRATION: COMPENSATION STANDARDS, VALUATION METHODS AND EXPERT EVIDENCE 8-17 (2008) (describing basic approaches to valuation); SERGEY RIPINSKY, DAMAGES IN INTERNATIONAL INVESTMENT LAW (2008); Sergey Ripinsky, Damnum
Emergens and Lucrum Cessans, in INVESTMENT TREATY LAW: CURRENT ISSUES III 45, 45-58 (Andrea K.
Sed in rebuspublicis, imo et aequitate duce ita restricta est haec licentia, ut laesus aestimatione debeat esse contentus, reservata Reipublicae poena si damnum
consulto datum est.
capturable expectations, the regulation of which is damnum
4 No ATLA member shall personally, or through an associate attorney, file a complaint with a specific ad damnum
amount unless required by local rules of court.
Dedge consider the old legal maxim damnum
26) The first is damnum
emergens, that is, compensation for actual losses suffered.
This is what lawyers call a damnum
absque injuria, a "[l]oss, hurt, or harm without injury in the legal sense, that is, without such breach of duty as is redressible by an action.