divided-damages rule. Maritime law. The obsolete principle that when two parties are jointly liable to a third party for a tort, each party is liable for only half the damages. • The courts now apply a comparative-negligence standard. [Cases: Collision 143. C.J.S. Collision §§ 242, 245, 259, 261–262.] “For over a hundred years admiralty law […]
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A jury award that grossly exceeds the amount warranted by law based on the facts and circumstances of the case; unreasonable or outrageous damages, which are subject to reduction by remittitur. See REMITTITUR. [Cases: Damages 127–140. C.J.S. Damages §§ 384–385, 387–394; Parent and Child § 344.]
inadequate damages 不足的损害赔偿金 指裁决给予原告的损害赔偿金数额过小，以致于和原告所遭受的损失无合理联系，或者不能充分公正地补偿原告所受损失。它表明案件审判中存在偏见、错误或其他情况，可以作为撤销陪审团裁断的根据。
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damage v. 损害；伤害 n.损害；伤害；破坏；损失 因过失〔negligence〕、故意〔design〕或意外事故〔accident〕而非法侵害他人人身、财产等合法权益所形成的损失或伤害。它的复数形式「damages」则意指损害赔偿金、损害赔偿额。 (→damages; injury; loss)
Money awarded to an injured party for an injury’s residual or projected effects, such as those that reduce the person’s ability to function. • Examples are expected pain and suffering, loss or impairment of earning capacity, and projected medical expenses. [Cases: Damages 25. C.J.S. Damages § 42.]
Damages awarded to an insured — beyond the coverage provided by an insurance policy — because the insurer did not settle the claim within policy limits. • If the insurer acted in bad faith in not settling, the insured may have a claim to recover the excess damages from the insurer. — Also termed excess-liability
Statutory damages (such as double or treble damages) that are a multiple of the amount that the fact-finder determines to be owed. — Also termed multiplied damages. See double damages; treble damages. [Cases: Damages 227. C.J.S. Damages §§ 218–219, 383.]