measure of damages

简明释义

损失赔偿估量

英英释义

例句

1.The lawyer explained that the measure of damages 损害赔偿的标准 is crucial for determining how much the plaintiff will receive.

律师解释说，<measure of damages>损害赔偿的标准对于确定原告将获得多少赔偿至关重要。

2.The jury was tasked with calculating the measure of damages 损害赔偿的标准 after hearing both sides of the case.

陪审团在听取案件双方的陈述后，被指派计算<measure of damages>损害赔偿的标准。

3.In personal injury cases, the measure of damages 损害赔偿的标准 often includes medical expenses and pain and suffering.

在个人伤害案件中，<measure of damages>损害赔偿的标准通常包括医疗费用和痛苦赔偿。

4.The court decided that the measure of damages 损害赔偿的标准 would be based on the loss of income.

法院决定<measure of damages>损害赔偿的标准将基于收入损失。

5.Determining the measure of damages 损害赔偿的标准 can often be a complex process involving expert testimony.

确定<measure of damages>损害赔偿的标准通常是一个复杂的过程，需要专家证言。

作文

In the realm of law, particularly in tort and contract cases, the term measure of damages refers to the method or criteria used to determine the amount of compensation owed to a party that has suffered loss or injury due to another party's actions. Understanding this concept is essential for both legal professionals and individuals involved in disputes, as it lays the groundwork for how justice is served in civil matters.When a plaintiff files a lawsuit claiming damages, the court must assess the extent of the harm caused. The measure of damages serves as a guideline for judges and juries to evaluate the financial impact of the defendant's actions on the plaintiff. This evaluation can encompass various types of damages, including compensatory damages, punitive damages, and nominal damages.Compensatory damages are designed to reimburse the injured party for actual losses incurred. These may include medical expenses, lost wages, and property damage. For instance, if someone is involved in a car accident due to another driver's negligence, the measure of damages would take into account the medical bills, repair costs, and any lost income resulting from their inability to work.On the other hand, punitive damages are awarded in cases where the defendant's conduct was particularly egregious or reckless. The purpose of these damages is not only to compensate the plaintiff but also to deter the defendant and others from engaging in similar behavior in the future. For example, if a company knowingly sells a defective product that causes harm, the measure of damages may include punitive damages to emphasize the seriousness of the misconduct.Nominal damages, while less common, are awarded when a legal wrong has occurred, but the plaintiff has not suffered any significant loss. This type of damage serves to recognize that a violation took place, even if no substantial harm resulted. In such cases, the measure of damages might be a small monetary amount, symbolizing the acknowledgment of the plaintiff's rights.The determination of the measure of damages can vary significantly depending on the jurisdiction and the specific circumstances of each case. Factors such as the severity of the injury, the degree of negligence, and the impact on the victim's life all play crucial roles in establishing the appropriate compensation. Legal precedents also influence how damages are measured, as courts often look to previous rulings to guide their decisions.Moreover, the process of calculating damages can be complex and may require expert testimony, especially in cases involving economic losses or long-term injuries. Economists, medical professionals, and industry experts may be called upon to provide insights into the potential future impact of the damages, thus further complicating the measure of damages.In conclusion, the concept of measure of damages is a vital aspect of the legal system that ensures victims receive fair compensation for their losses. It encompasses a range of damages designed to address different types of harm, from tangible financial losses to punitive measures aimed at preventing future misconduct. By understanding the intricacies of this concept, individuals can better navigate the complexities of legal disputes and advocate for their rights effectively.

在法律领域，特别是在侵权和合同案件中，术语measure of damages指的是用于确定由于另一方的行为而遭受损失或伤害的当事方应获得的赔偿金额的方法或标准。理解这一概念对于法律专业人士和参与争议的个人至关重要，因为它为公民事务中如何实现正义奠定了基础。当原告提起诉讼要求赔偿时，法院必须评估造成的伤害程度。measure of damages作为法官和陪审团评估被告行为对原告财务影响的指导原则。这种评估可以包括各种类型的损害赔偿，包括补偿性损害、惩罚性损害和名义损害。补偿性损害旨在补偿受害方实际遭受的损失。这可能包括医疗费用、工资损失和财产损失。例如，如果某人因他人的过失而发生车祸，measure of damages将考虑医疗账单、修理费用以及因无法工作而导致的任何收入损失。另一方面，惩罚性损害是在被告的行为特别恶劣或鲁莽的情况下授予的。这些损害的目的是不仅补偿原告，还要阻止被告和其他人将来从事类似行为。例如，如果一家公司明知其销售的产品有缺陷并导致伤害，measure of damages可能包括惩罚性损害，以强调不当行为的严重性。名义损害虽然不太常见，但在发生法律错误但原告没有遭受任何重大损失的情况下会被授予。这种损害旨在承认发生了违反行为，即使没有造成实质性的伤害。在这种情况下，measure of damages可能是一个小额货币金额，象征着对原告权利的认可。<measure of damages的确定可能因管辖权和每个案件的具体情况而显著不同。伤害的严重程度、过失的程度和对受害者生活的影响等因素都在确定适当赔偿中发挥着关键作用。法律先例也影响损害赔偿的衡量标准，因为法院通常会参考以前的裁决来指导其决定。此外，计算损害的过程可能复杂，可能需要专家证言，尤其是在涉及经济损失或长期伤害的案件中。经济学家、医疗专业人士和行业专家可能会被请来提供关于损害潜在未来影响的见解，从而进一步复杂化measure of damages。总之，measure of damages的概念是法律体系中的一个重要方面，确保受害者获得公平的赔偿。它涵盖了一系列旨在解决不同类型伤害的损害，从有形的经济损失到旨在防止未来不当行为的惩罚措施。通过理解这一概念的复杂性，个人可以更好地驾驭法律争议的复杂性，并有效地维护自己的权利。