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Simple English definitions for legal terms
compensatio injuriarum
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A quick definition of compensatio injuriarum:
Compensatio Injuriarum: This is a legal term used in Scots law which means "the compensation of wrongs". It refers to a situation where two parties have wronged each other and the damages caused by each party are equal. In such cases, the damages caused by one party can be set off against the damages caused by the other party. For example, if person A defames person B and person B also defames person A, then the damages caused by each party can be set off against each other.
A more thorough explanation:
Compensatio injuriarum is a Latin term that means "the compensation of wrongs." In Scots law, it refers to the setoff in a defamation action.
For example, if Person A sues Person B for defamation and it is found that Person A also defamed Person B, then compensatio injuriarum may be applied. This means that the damages awarded to Person A may be reduced or eliminated because Person B also suffered harm.
Another example could be if Person A and Person B get into a physical altercation and both are injured. If Person A sues Person B for their injuries, compensatio injuriarum may be applied if it is found that Person A also caused harm to Person B.
Compensatio injuriarum is a legal principle that allows for the balancing of harms in a legal action. It recognizes that both parties may have caused harm to each other and seeks to provide a fair and just outcome. The examples illustrate how compensatio injuriarum may be applied in different situations where both parties have suffered harm.