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. — 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 — 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). [Blacks Law 8th]