Surcharge


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Surcharge

An overcharge or additional cost.

A surcharge is an added liability imposed on something that is already due, such as a tax on tax. It also refers to the penalty a court can impose on a fiduciary for breaching a duty.

In Equity, surcharging means to show that a particular item, in favor of the party surcharging, should be included in an account that is alleged to be settled or complete.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

surcharge

n. an additional charge of money made because it was omitted in the original calculation or as a penalty, such as for being late in making a payment.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

SURCHARGE, chancery practice. When a bill is filed to open an account, stated, liberty is sometimes given to the plaintiff to surcharge and falsify such account. That is, to examine not only errors of fact, but errors of law. 2 Atk. 112; 11 Wheat. 237; 2 Ves. 565.
     2. "These terms, `surcharge,' and `falsify,'" says Mr. Justice Story, 1 Eq. Jur. Sec. 525, "have a distinct sense in the vocabulary of courts of equity, a little removed from that, which they bear in the ordinary language of common life. In the language of common life, we understand `surcharge' to import an overcharge in quantity, or price, or degree, beyond what is just and reasonable. In this sense, it is nearly equivalent to `falsify;' for every item, which is not truly charged, as it should be, is false; and by establishing such overcharge it is falsified. But, in the sense of courts of equity, these words are used in contradistinction to each other. A surcharge is appropriately applied to the balance of the whole account; and supposes credits to be omitted, which ought to be allowed. A falsification applies to some item in the debets; and supposes, that the item is wholly false, or in some part erroneous. This distinction is taken notice of by Lord Hardwicke; and the words used by him are so clear, that they supersede all necessity for farther commentary. `Upon a liberty to the plaintiff to surcharge, and falsify,' says he, `the onus probandi is always on the party having that liberty; for the court takes it as a stated account, and establishes it. But, if any of the parties can show an omission, for which credit ought to be, that is, a surcharge, or if anything is inserted, that is a wrong charge, he is at liberty to show it, and that is a falsification. But that must be by proof on his side. And that makes a great difference between the general cases of an open account, and were only [leave] to surcharge and falsify; for such must be made out."

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The regulator monitors jet-fuel prices and decides on the fuel surcharge level for air tickets every two months.
Despite this, Europcar continued to impose excessive surcharges," Mr Keogh said.
While allowing the surcharges, the regulator noted that its hands were tied under the law to allow them as decided by the federal government under section 31(5) of the Nepra law but said the existing tariff would remain unchanged.
Through the request, it has been intimated by the federal government that it has levied certain surcharges and also it has committed to provide subsidy to certain categories of consumers in view of its socio-economic policy objectives and NEPRA is simply required to indicate both such amounts against the corresponding columns of NEPRA determined schedule of tariff as per detail provided in the Annexures of the Request.
* The receipt must show the total amount on one line and the surcharge amount as a separate line item on the receipt.
31, 2014, announcement by Emirates SkyCargo that it would eliminate surcharges for fuel, security and other variables--a move that was praised as long-overdue by many forwarders and shippers.
The petitioner pleaded the court to set aside the said surcharges after declaring them ultra vires of the Constitution.
He was fined PS300 and told to pay a PS20 victim surcharge.
Stephen Bradley, aged 22, of Welsh House Farm Road, Quinton, guilty of causing damage to a red Peugeot 207, must pay PS100 compensation, PS15 victim surcharge and PS105 court costs.
Lee Houghton, 36, of Faulkner Square, L8, charged with racially aggravated threatening behaviour - PS200 fine, PS100 compensation, PS20 surcharge.
When pressed for comment on the legislative efforts, an executive with Visa speaking on background, acknowledged that few retailers in the near term were likely to surcharge card transactions but argued the recent legislative activity was sound when considering the longer term.
31, 2010, ANA will issue a one-way surcharge of 7,000 yen on flights between Japan and Europe or North America, 4,000 yen on routes between Japan and Hawaii, and 1,500 yen on flights between Japan and China, which are comparable to the prices issued in October and November when ANA resumed such fuel surcharges.