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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - damnum facientes
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Definition of damnum facientes
Definition: Damnum facientes (dam-nəm fay-shee-en-teez) is a legal term that refers to doing damage. It is often used to describe the situation where an animal trespasses on someone's land and causes damage to their crops or grass.
Example: If a neighbor's cow wanders onto your property and eats all of your corn, they are considered damnum facientes.
This term comes from the French phrase "faisant dommage" and was introduced during the reign of Edward III. By law, the owner of the damaged property could impound the animals until compensated by the animals' owner. However, the impounder had to feed the animals and could not sell or harm them.
The example illustrates how damnum facientes is used to describe the situation where an animal causes damage to someone's property. In this case, the neighbor's cow is considered damnum facientes because it caused damage to the corn on the other person's land.
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Simple Definition
Term: Damnum Facientes
Definition: Damnum facientes, also known as damage feasant, refers to when someone's animals trespass on another person's land and cause damage, such as eating crops or trampling grass. The owner of the damaged property could impound the animals until compensated by the animals' owner, but they had to feed the animals and could not sell or harm them. This term was introduced during the reign of Edward III.
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