proximate damages
Damages directly, immediately, and naturally flowing from the act complained of. Cf. speculative damages (1). [Cases: Damages 18. C.J.S. Damages §§ 23–25, 27.]
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unliquidated damages
Damages that cannot be determined by a fixed formula and must be established by a judge or jury. Cf. liquidated damages. [Cases: Damages 1, 6, 194. C.J.S. Damages §§ 1–2, 4–6, 38–41, 299.]
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mitigation of damages doctrine
mitigation-of-damages doctrine. The principle requiring a plaintiff, after an injury or breach of contract, to make reasonable efforts to alleviate the effects of the injury or breach. • If the defendant can show that the plaintiff failed to mitigate damages, the plaintiff’s recovery may be reduced. — Also termed avoidable-consequences doctrine. [Cases: Damages 62. C.J.S.
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Civil Damage Acts
Civil Damage Acts 〈美〉《民事损害法》 规定人身或其财产受到醉酒者的损害的人有权起诉向醉酒者提供或出售酒类饮料的人的制定法。 (→Dram Shop Acts)
punitive damages
Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit; specif., damages assessed by way of penalizing the wrongdoer or making an example to others. • Punitive damages, which are intended to punish and thereby deter blameworthy conduct, are generally not recoverable for breach of contract. The Supreme Court
enhanced damages
enhanced damages (1)累积损害赔偿金 在依普通法可获的损害赔偿金之外,可获准的制定法损害赔偿金。又作accumulative damages。 (2) (专利法)惩罚性损害赔偿金 指以被告行为的严重性及其侵权的故意为依据,法院在侵犯专利权的案件中,运用自由裁量权,判令被告支付三倍于补偿性损害赔偿〔compensatory damages〕的赔偿金。
enhancement of damages
enhancement of damages 惩罚的加重;损害赔偿金的增加 (→aggravation of damages; enhanced damages; exemplary damages)
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