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Simple English definitions for legal terms
ad damnum clause
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A quick definition of ad damnum clause:
An ad damnum clause is a part of a legal document that states the amount of money the person filing the document is asking for. It's usually found in a prayer for relief, which is a request for the court to do something to help the person filing the document. If the amount of money owed is already clear from the facts of the case, the demand for judgment can take the place of an ad damnum clause.
A more thorough explanation:
An ad damnum clause is a legal term that means "to the damage." It is a clause in a prayer for relief that states the amount of damages claimed. For example, if someone sues another person for a car accident, they may include an ad damnum clause stating that they are seeking $10,000 in damages.
The purpose of an ad damnum clause is to inform the court and the defendant of the amount of money the plaintiff is seeking. However, the amount claimed in the ad damnum clause is not always the amount the plaintiff will receive if they win the case. The court will determine the appropriate amount of damages based on the evidence presented.
It is important to note that in some cases, the demand for judgment may take the place of an ad damnum clause. For example, if the amount the plaintiff is entitled to recover is clear from the statement of facts, such as in a breach of contract case, the demand for judgment may be sufficient.
Overall, an ad damnum clause is a way for the plaintiff to state the amount of damages they are seeking in a legal case. It helps to inform the court and the defendant of the plaintiff's intentions and can be an important part of the prayer for relief.