Damages
A sum of money claimed or awarded as compensation for loss or injury. Generally damages will be awarded only for loss or injury that could reasonably have been foreseen. However, if the injury has been more severe because the sufferer has some unusual vulnerability, the defendant must pay for the actual consequences of his wrongdoing. Also see Exemplary damages.

DDA (Disability Discrimination Act 1995)
This Act bans discrimination against disabled people relating to employment and access to goods, facilities, services and premises.

Debtor
Someone who owes money to another person.

Decree absolute
The final order of a court dissolving a marriage.

Decree nisi
A provisional order dissolving a marriage, which does not become final until a further application is made by the petitioner (at least six weeks after the decree nisi) and a decree absolute is granted.

Defence
The legal case put forward by a defendant in answer to a claim.

Defendant
A person against whom a claim is made.

Delegate
To authorise someone else to exercise a power or right as one's deputy. As a general rule, the law does not allow a delegate to sub-delegate.

Deposit

1. a sum of money put up as security for the performance of some commitment, as at exchange of contracts for the purchase of a property.
2. an interest earning bank account.
3. colloquially, the cash sum needed from a purchaser of property to make a mortgage advance cover the purchase price.

Devise
A gift of land or other real property made in a Will. See Bequest.

Directions
Court orders laying down procedural steps to be taken by the parties.

Director
A member of the board that manages the affairs of a company. Directors must be appointed in accordance with the Articles of Association and details of their appointment must be filed at Companies House.

Disclaim
To renounce or give up one's right or claim to something.

Discrimination
Treating members of a group unfairly compared to the treatment of other people who are not members of that group.

Divorce
The ending of a marriage because it has irretrievably broken down. To establish irretrievable breakdown, it is necessary to prove one or more of the following (the Five Facts):

1. Adultery
2. Unreasonable behaviour
3. Desertion
4. Two-year separation with the consent of the other party (no fault) and/or
5. 5-year separation when no consent is needed.

DSS
Department of Social Security; the government agency that is responsible for paying out benefits.

Easement
An entitlement to exercise some right over another's land, e.g. a right of way, a right of light or a right to support.

Elective resolution
A resolution passed by all the voting shareholders of a company opting out of certain administrative requirements. For instance, certain private companies may elect to dispense with the holding of an annual general meeting and/or with a formal audit.

Encumbrance
A right or interest over or in land possessed by someone other than the owner of the land, e.g. an easement, a lease or a mortgage.

Endowment mortgage
A mortgage arranged on the basis that the capital borrowed will be repaid from the proceeds of an Endowment policy.

Endowment policy
A policy of assurance on the life of a person which pays a sum assured on that person' death or, if earlier, on a date specified in the policy. A With Profits Endowment policy will pay Bonuses in addition to the sum assured and it is this type of policy that has often been used to secure repayment of personal mortgages; if the bonuses fall short of expectations, the policy moneys may be insufficient to repay the mortgage.

Enduring power of attorney
A formal, written authority granted by one person, the Donor, to another, the Attorney, enabling the Attorney to act on the Donor's behalf and manage his financial interests. If the power is drawn up in accordance with the Enduring Powers of Attorney Act 1985 and the Donor later becomes unable to manage his own affairs, the Attorney can register the power at the Court of Protection and will then be able to continue to exercise it.

Engrossment
The final signature copy of a document.

EPA, Equal Pay Act 1970
This Act requires that men and women be paid the same for doing the same or equal work.

Equity

1. The value remaining after all prior claims on an asset have been met. Hence the value of a house less the amount currently outstanding on the mortgage (known as the equity of redemption). Or the value of the shareholders' interest in a company.
2. The system of law developed from the 16th century in the Court of Chancery alongside the Common law. The two systems were merged long ago but some aspects survive, notably the distinction between the legal estate (common law ownership) and equitable estate (beneficial ownership) in property. Although the equitable owner is entitled to all the benefits derived from the ownership, it is generally the legal owner who has to execute any documents and be named as a party in court actions.

Estate
All the property belonging to a person at death.

Evidence
Information in the form of personal or documented testimony or the production of material objects, which is used to establish facts in a legal investigation. Statements which are shown to have been extracted under duress or which were made during without prejudice discussions will generally be inadmissible as evidence. Reported speech of an absent person (hearsay) will often be disallowed if it is possible to call the actual speaker to testify himself.

Exchange of contracts
The point at which the parties to a written contract become legally bound. For instance, contracts for the sale of land are usually prepared in two parts, one signed by the seller and the other by the purchaser. The purchaser's signed part is sent to the seller's solicitor with the deposit and exchange takes place when the seller's signed contract is put in the post or otherwise delivered to the buyer's solicitor.

Ex gratia
Given as a favour not required by a legal duty.

Execute
To sign a legal document following the procedure required for a deed or Will.

Executor (or executrix, if female)
A person named in a Will to administer the estate. In Scotland, Executor-dative. See Personal representative.

Exemplary damages
Damages awarded over and above those necessary to compensate for actual loss, as a mark of disapproval of the defendant's conduct and/or a warning to others.

Express terms
The terms of a contract that are spelt out orally or in writing, as opposed to implied terms, which are to be inferred.

Expert witness
Someone qualified to give evidence about some aspect of a case on which the court requires assistance. Medical experts frequently appear both in prosecutions involving violence and civil claims about medical treatment. Foreign law is a question of fact in the English courts on which experts in the relevant law give evidence. Although experts are instructed by one or more of the parties, their duty is to give an objective opinion to the court.

False imprisonment
An unlawful restriction placed on someone's liberty or movements. It may be by physical force or merely by the fear of such force or by submission to a legal process but it must be a complete restriction; blocking one exit if another is available does not satisfy the test.

The Five Facts
See Divorce.

Freehold
The absolute ownership of land and rights over land for an indefinite time. Contrast Leasehold where the ownership is limited in time.

Frustration
An unexpected and unintentional event that makes the fulfilment of the terms of a contract impossible.