measure of damages
measure of damages 损害赔偿确定 指制定法或判例所确立的确定损害赔偿额的规则或规则体系，适用于违约、侵权及其他违反法定义务的案件，如对违约的损害赔偿额应相当于如果未违约原告方应得到的利益。
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Search Results for: MEASURE OF DAMAGES
measure of damages
measure of damages. The basis for calculating damages to be awarded to someone who has suffered an injury. • For example, the measure of damages in an action on a penal bond is compensation for the actual loss, not exceeding the established penalty. [Cases: Damages 95–126. C.J.S. Damages §§ 105–153, 163–164; Parent and Child §
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liquidated damages
An amount contractually stipulated as a reasonable estimation of actual damages to be recovered by one party if the other party breaches. • If the parties to a contract have properly agreed on liquidated damages, the sum fixed is the measure of damages for a breach, whether it exceeds or falls short of the actual
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liquidated damages clause
liquidated-damages clause. A contractual provision that determines in advance the measure of damages if a party breaches the agreement. • Traditionally, courts have upheld such a clause unless the agreed-on sum is deemed a penalty for one of the following reasons: (1) the sum grossly exceeds the probable damages on breach, (2) the same sum
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duplum
duplum (d[y]oo-pl[schwa]m). [Latin] Roman & civil law. Double the price of something; esp., a measure of damages equal to double a thing’s value. • This measure was used for certain delicts. Cf. SIMPLUM.
litis aestimatio
litis aestimatio (lI-tis es-t[schwa]-may-shee-oh). [Latin] Roman law. The judicial estimate of the measure of damages.
in quibus infitiando lis crescit
in quibus infitiando lis crescit (in kwib-[schwa]s in-fish-ee-an-doh lis kres-it). [Latin] Roman law. In which the suit increases by denial. • The phrase appeared in reference to the measure of damages in a legal action when, if the defendant wrongfully denied a claim for damages, the defendant could be penalized by a multiple of the
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reasonable royalty
A royalty that a licensee would be willing to pay the holder of the thing’s intellectual-property rights while still making a reasonable profit from its use. • The reasonable-royalty standard often serves as the measure of damages in a claim of patent, copyright, or trademark infringement, or for misappropriation of trade secrets. In deciding what
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lost profits
lost profits. 1. Contracts. A measure of damages that allows a seller to collect the profits that would have been made on the sale if the buyer had not breached. UCC § 2-708(2). [Cases: Damages 40; Sales 384(1). C.J.S. Damages §§ 58–61; Sales§§ 363, 365–366.] 2. Patents. A measure of damages set by estimating the
trover
trover (troh-v[schwa]r). A common-law action for the recovery of damages for the conversion of personal property, the damages generally being measured by the value of the property. — Also termed trover and conversion. Cf. DETINUE; REPLEVIN. [Cases: Trover and Conversion 1, 43. C.J.S. Trover and Conversion §§ 1–3, 5–7, 120–121.] “Trover may be maintained for