rule of the floating subtrahend

rule of the floating subtrahend. The common-law doctrine that a plaintiff whose damage was not caused entirely by the defendant must prove the amount of damage that is not attributable to the defendant (the subtrahend) or else recover nothing. • The reasoning behind the rule is that damage is an essential element of a tort claim, and the plaintiff has the burden of proof. If proved, the subtrahend is subtracted from the total damage to determine the plaintiff’s recovery.

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词条贡献者

译员何巍，毕业于欧洲一流的高级翻译学院，专注翻译各种与生命科学有关的法律文件。