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.

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.

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."

References in periodicals archive ?
"As a large and sophisticated business, Europcar was well aware of its obligations to comply with the law prohibiting excessive surcharges."
The regulator confirmed that the Lahore High Court had termed these surcharges unconstitutional on May 29, 2015, but the judgement was challenged by the federal government before the Supreme Court of Pakistan and the operation of the high court's verdict had been suspended.
The Neelum Jhelum and financing cost surcharges would remain flat at 10 paisa and 43 paisa per unit respectively for all consumers while the tariff rationalisation surcharge with an average of Rs1.82 per unit would vary for each consumer category and distribution company based on system losses.
Based on the compromise proposal, the surcharge will account for 25 percent and for 50 percent, respectively, for work on Saturdays.
According to a recent presentation from UTA, merchants who surcharge credit card transactions are subject to certain requirements.
"We welcome any simplification of the pricing structure and have long since asked airlines to rid themselves of surcharges," said Lucas Kuehner, global head of air freight for Panalpina.
LAHORE -- A Lahore High Court division bench on Monday stayed recovery of Universal Obligation Fund Surcharge (UOFS), Debt Servicing Surcharge (DSS) and NeelamJhelum surcharge (NJS) in electricity bills to the extent of Punjab province after suspending their notifications.
Japan Airlines Corp., meanwhile, has already decided on its fuel surcharges until December as its system of collecting fuel surcharges is reviewed every three months.
Surcharges for shipments from the US to Korea and Japan, as well as from Korea and Japan to the US, will also decrease to USD1.10 per kilogram, NWA Cargo said.
BA tells Virgin it is raising its surcharge to pounds 6 per long-haul flight.
Now, trucking company executives say, fuel surcharges are as essential to the survival of the nation's 700,000-odd trucking companies and 2 million owner-operators as air brakes, tires, and semi-trailers.
Lufthansa joined the host of airlines raising their fuel surcharges, announcing yesterday that surcharges on long-haul flights will increase to [euro]62 ($76.70) from [euro]52 effective May 5.