They can certainly choose to do this, but then they must be ready for the rather ruthless math of proportionate causalities that provides the primary "facts" of ad
damnum proportionality; yet, if such attacks are factually found to be wildly disproportionate, they must expect to face the ensuing charges of war crimes against innocent civilians as a jus cogens norm.
simply by offering a higher ad
damnum; that is, requesting more money
Indeed, title and interest bear more than a passing resemblance to the concepts of injuria and
damnum, which played a role in Founding-era debates about the right to sue in the courts of the United States.
In matters of obligations, there are two quite commonly used expressions:
damnum emergens and lucrum cessans.
Attenditur eniam q' non sit libera voluntate quando quis vendere vel emere vult tali pretio propter euitandum notabile & enorme
damnum".
DWL policies may heighten the need to send excess ad
damnum letters [which explain the amount that can be recovered under a default judgment] to policyholders and convey the latter's right to engage separate counsel.
Arroyo also claimed the UCCP lacked cause of action against her on the grounds that there was
damnum absque injuria (loss without injury); that the complaint was a suit against the state; and the UCCP leaders did not have any cause of action for any alleged act on her part in the performance of her official duties as President and Commander in Chief.
You, the chief financial officer of XYZ Medical Corp., have just received from the insurance company a letter insurers call an "excess ad
damnum" letter.
On Cajetan's analysis, all such defenses ultimately rely on appeal to
damnum emergens (36) and, while Cajetan does allow for this in certain cases, the practices of the montes pietatis fall short of a just claim thereto.