Legal Definition of a Compensation

Legal Definition of a Compensation

Also the equivalent in money paid to owners and occupiers of land taken or damaged by the activity of companies exercising power over a significant area. In the constitutional provision on “just compensation” for property taken under the power of a prominent estate, this term means payment in money. Any advantage for the remainder of the owner`s property resulting from public works for which part of it has been taken back cannot be considered as compensation. Railroad Co. v. Burlcett, 42 ala. 83. In relation to consideration and damages, compensation seems to lie between them in its most prudent use. The consideration is changed for something given by consent or by the choice of the owner. Damages are reparations from a wrongdoer for an illegal act. Compensation is compensated for something taken without the owner`s choice, but without committing an illegal act. It must therefore be said that the consideration for the land sold; compensation for land stolen for a railway; Indemnification for trespassing. But these distinctions are not uniform.

Ground damage is a common term for compensation for praise for public use. Abbott. COMPENSATION, crim. Compensatio criminura or apportionment of faults (s.a.) 2. In divorce proceedings for adultery, compensation for the offence is prevented; That is, if the defendant proves that the party also committed adultery, he is acquitted of the charges against him in the defamation of the plaintiff. To have to. Tit. 214, pl.

1; Clarkes Prax. Tit. 115; Shelf. March and Div. 439; 1 Hagg. R. 148. See Duldung; Divorce. A brief definition of compensation: A payment to compensate for the limitation of rights or damages. In condemnation, the payment for taking over a person`s property without the consent of the owner. A labour court may order an employer to pay compensation to an employee who has been unjustly dismissed (see unfair dismissal).

The compensation consists of a basic bonus equal to the severance pay to which a dismissed worker would be entitled (with a minimum amount of £3300 if the dismissal is for trade union activity) and compensation for the loss suffered by the employee as a result of the dismissal (the compensation premium is subject to a ceiling of £51,700). This includes compensation for loss of income and other benefits arising from previous employment, as well as for loss of statutory rights to unfair dismissal and dismissal during the initial period of a new employment (see continued employment). Additional compensation may be awarded if the employer fails to comply with a court order to re_employ the employee; The additional price is between 26 and 52 weekly wages. The weekly wage ceilings that may be used in these calculations are set by the regulations of the Secretary of State for Work and Pensions and are reviewed annually. The court may appropriately reduce any compensation if the employee`s conduct contributed to the employee`s termination. The employee has the same duty to mitigate damages as someone who claims damages in court. Therefore, if he unjustifiably rejects an offer of new employment, he will not be compensated for his continued unemployment. If the employee has been dismissed because he has not concluded a closed workshop agreement, the employer may, under pressure from a union, transfer the obligation to pay compensation to the union. Compensation may also be awarded by an employment tribunal if sexual or racial discrimination is established.

In such cases, the ceiling or financial ceiling on damages for unfair dismissal has been abolished. the Court of Justice of the European Communities having ruled that the upper limit is discriminatory and contrary to equal treatment laws. This compensation may also include an amount for hurt feelings. In this regard, compensation is a remedy available to WTO Members in cases where another Member fails to fulfil a bound obligation to supply services or imposes a duty on a product above its bound rate. Such a measure may be possible under the agreement, but the Member taking it must then compensate the others in some way, usually through a tariff concession for another product or an obligation for another service activity. See also binding commitments, commitments and guarantees. [1] Payment of money to compensate for loss or damage. If a person has committed an offence that has caused bodily harm, loss or bodily harm and has been convicted of that offence or if this was taken into account in the conviction for another offence, the court may make an order for compensation requiring the offender to pay compensation (with interest, where applicable) to the person who suffered the loss.

The court must consider the offender`s means and avoid making excessively high or long-term orders. If the offender cannot afford to pay both a fine and compensation, priority should be given to the payment of compensation. Compensation may be ordered for funeral or bereavement expenses related to death resulting from an offence other than death resulting from a motor vehicle accident. The potential claimants and maximum bereavement compensation are the same as under the Fatal Accidents Act 1976 (see Fatal Accidents). An order may only be made in respect of injury, loss or damage (other than loss suffered by his dependants as a result of his death) resulting from a motor vehicle accident if (1) the property damage occurred outside the owner`s possession, in the case of offences under the Theft Act 1968, or (2) the offender was not insured to use the vehicle and compensation is not payable as approved by the Bureau of Automobile Insurance. The court that does not award compensation must state the reasons for this. Victims of * criminal damage can claim compensation under the Criminal Injuries Compensation Plan. Under the Theft Act 1968, a restitution order may be issued if the stolen property is no longer in place; Such an order is equivalent to an order for damages. Compensation orders may be made in addition to or in lieu of other penalties. The court must order the parent or guardian of an offender under 17 years of age to pay an order for compensation on behalf of the offender, unless the parent or guardian cannot be located or it is not appropriate to order the parent or guardian to pay. (11) Payments to an employee or representative of an employee subject to tax under sections 3201(a) or 3211(a) of the Internal Revenue Code, 1954 shall be deducted as compensation under the Railway Retirement Act for the purpose of calculating benefits under section 3(a)(1), 3 (f) (3), 4 (a) (1) and 4 (f) (1).

You can find more English-Spanish translations in the Pocket Spanish English Legal Dictionary (print and online), English-Spanish-English dictionaries (such as Compensation) and the Word reference legal translator. Main entry: Law enforcement in the legal dictionary. This section contains a partial definition of “compensation” in the context of law enforcement. This definition of compensation is based on the Cyclopedic Law Dictionary. This entry needs to be proofread. REMUNERATION, law firm practice. The enforcement of what a registration court orders to exonerate a party who has breached a condition, which should not put the opposing party in a worse situation than if the condition had not been breached. 2. Equitable courts may release themselves from the consequences of a failing situation only if compensation can be paid to the opposing party. Fonb.

c. 6; p. 51 n. k) Newl. Counter: 251, et. Suite 3. If a simple error, not fraud, affects a contract but does not change its nature, an equitable court will apply it after paying compensation for the error. The principle that courts act in equity,” says Lord Chancellor Eldon, “has been brought back to the true norm by all authorities that, although the party has no title before the court because it had not strictly complied with the conditions for enforcing it to bring an action (for example, in terms of time), but if time, although it has been introduced, because it is necessary to determine where to do something on the one hand, in exchange for something to do on the other, is not the essence of the contract; A material object that they considered in the first design, even if the passage of time did not occur by chance, a court of equity will impose performance of the contract on the grounds that one party is willing to perform and the other AM essentially has performance if it allows it. 13 ves. 287.

See 10 Ves. 505; 13 ves. 73, 81, 426; 6 ves. 675; 1 Cox, 59. (a) remuneration means any form of payment to a person for services rendered as an employed person to an employer; services provided as workers` representatives; and any separation or maintenance pay paid under a benefit plan under Title VII of the Regional Railway Reorganization Act, 1973 and any termination pay paid under section 702 of that Act. Compensation may be paid in the form of money, goods, services or privileges. However, if an employee is to be paid in a form other than monetary form, the employer and employee must agree on the following before providing the service: INDEMNIFICATION, contracts, civil law. If two people are indebted to each other equally, a settlement takes place between them, which extinguishes both debts. Compensation is therefore a mutual exemption between two persons who are creditors and debtors to each other, the exemption taking place of payment and preventing a cycle. Or it can be defined shorter as follows; Compensatio est debiti et crediti intter se contributio. 2.

Compensation is, of course, automatic if the debtors are unaware that, as soon as the two debts exist simultaneously, they will be extinguished up to their respective amounts.

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