plaintiff’s-viewpoint rule. The principle that courts should measure the amount in controversy in a case by analyzing only the amount of damages claimed by the plaintiff. [Cases: Courts 167; Federal Courts 339.]
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The difference between the value of what the buyer paid and the market value of what was received in return. • In breach-of-contract cases, out-of-pocket loss is used to measure restitution damages. [Cases: Fraud 59(3).]
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The relief, esp. in a settlement, that requires the defendant to take remedial measures as opposed to paying damages. • An example is a defendant-corporation (in an employment-discrimination suit) that agrees to undergo sensitivity training. — Often shortened to therapeutics.
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