DAMNUM ET INTERESSE

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DAMNUM ET INTERESSE

damnum et interesse (dam-n[schwa]m et in-t[schwa]r-es-ee). [Latin] Scots law. The loss and damage sustained.

¡°Damnum et interesse. ¡ª The loss and interest; or, as the words may also be translated, damage, and its issues or consequences. The words are used by Erskine in treating of the liability of cautioners who become bound to see a specific act performed. Failing performance, the cautioners are liable to the creditors for the damnum et interesse ¡ª that is, the actual and consequential damage suffered through non-performance on the part of the debtor.¡± John Trayner, Trayner’s Latin Maxims 134 (4th ed. 1894).

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