sounding in damages
简明释义
查实损害
英英释义
Referring to a legal claim or cause of action that seeks monetary compensation for harm or loss suffered. | 指寻求因遭受伤害或损失而获得金钱赔偿的法律请求或诉因。 |
例句
1.The court ruled that the breach of contract was serious and awarded a sum sounding in damages to the aggrieved party.
法院裁定合同违约严重,并向受损方授予了一笔以损害赔偿为主的金额。
2.The plaintiff's claim is primarily sounding in damages, which means they are seeking monetary compensation for their losses.
原告的索赔主要是以损害赔偿为主,这意味着他们寻求对损失的金钱补偿。
3.The legal team prepared a detailed report sounding in damages to support their argument for higher compensation.
法律团队准备了一份详细的报告,以损害赔偿为主,以支持他们要求更高赔偿的论点。
4.In personal injury cases, the verdict often results in a judgment sounding in damages due to the suffering endured by the victim.
在个人伤害案件中,裁决通常导致判决以损害赔偿为主,这是由于受害者所经历的痛苦。
5.Her lawsuit was sounding in damages because she claimed significant financial losses due to the negligence of the other party.
她的诉讼是以损害赔偿为主,因为她声称由于对方的过失而遭受了重大经济损失。
作文
In the realm of law, particularly tort law, the phrase sounding in damages refers to a legal claim or cause of action that is primarily focused on seeking monetary compensation for harm or injury suffered by an individual. This term is often used in cases where the plaintiff has experienced a loss due to the defendant's actions, and the legal remedy being sought is financial restitution. Understanding this concept is crucial for anyone studying law or involved in legal proceedings, as it encapsulates the essence of many civil lawsuits. When a plaintiff files a lawsuit, they typically articulate their grievances and specify the damages they have incurred. These damages can be categorized into various types, including compensatory damages, punitive damages, and nominal damages. Compensatory damages are intended to reimburse the plaintiff for actual losses, while punitive damages serve to punish the defendant for particularly egregious behavior. Nominal damages, on the other hand, are awarded when a legal wrong has occurred, but there is no substantial loss to compensate for. In all these cases, the underlying principle remains that the claim is sounding in damages, meaning that the primary objective is to secure a financial remedy for the plaintiff's injuries.For instance, consider a car accident case where one driver is at fault for causing injuries to another driver. The injured party may file a lawsuit against the at-fault driver, claiming that they deserve compensation for medical expenses, lost wages, and pain and suffering. Here, the case is clearly sounding in damages, as the injured party seeks to recover financial losses resulting from the accident. The court will then evaluate the evidence presented, determine liability, and decide on the appropriate amount of damages to award.Moreover, the concept of sounding in damages is not limited to personal injury cases. It also applies to contract disputes, property damage claims, and other civil matters where a party seeks redress for a perceived wrong. For example, if a contractor fails to complete a project as agreed upon in a contract, the client may sue for breach of contract, claiming damages for the additional costs incurred to hire another contractor. Again, the claim is sounding in damages, as the client is pursuing financial compensation for their losses.In conclusion, the phrase sounding in damages is integral to understanding the nature of many legal claims. It highlights the focus on monetary compensation as a remedy for wrongs committed, whether in tort law or contract law. For students and practitioners of law, grasping this concept is essential, as it forms the basis for analyzing and resolving disputes in a legal context. By recognizing when a case is sounding in damages, individuals can better navigate the complexities of the legal system and advocate effectively for their rights and interests.
在法律领域,特别是侵权法中,短语sounding in damages指的是一个法律主张或诉因,主要集中在寻求因个人遭受的伤害或损失而获得金钱赔偿。这一术语通常用于原告因被告的行为而遭受损失的案件中,所寻求的法律救济是经济补偿。理解这一概念对于任何学习法律或参与法律程序的人来说都是至关重要的,因为它概括了许多民事诉讼的本质。当原告提起诉讼时,他们通常会阐明自己的不满,并具体说明他们所遭受的损害。这些损害可以分为各种类型,包括补偿性损害、惩罚性损害和名义损害。补偿性损害旨在弥补原告的实际损失,而惩罚性损害则用于惩罚被告的特别恶劣行为。另一方面,名义损害是在发生法律错误但没有实质性损失需要补偿的情况下授予的。在所有这些情况下,基本原则仍然是该索赔是sounding in damages,意味着主要目标是为原告的伤害获得经济补救。例如,考虑一起交通事故案件,其中一名驾驶员因过失造成另一名驾驶员受伤。受伤的一方可能会对过错驾驶员提起诉讼,声称他们应获得医疗费用、失去工资和痛苦与折磨的赔偿。在这里,案件显然是sounding in damages,因为受伤的一方寻求恢复由于事故造成的经济损失。法院将评估所提供的证据,确定责任,并决定适当的损害赔偿金额。此外,sounding in damages的概念不仅限于人身伤害案件。它还适用于合同争议、财产损害索赔以及其他民事事务,在这些情况下,一方寻求对所感知的错误进行补救。例如,如果承包商未能按照合同约定完成项目,客户可能会因违约而起诉,要求赔偿因雇用另一名承包商而产生的额外费用。同样,该索赔是sounding in damages,因为客户正在追求对其损失的经济补偿。总之,短语sounding in damages对于理解许多法律索赔的性质至关重要。它突出了金钱赔偿作为对所犯错误的救济的重点,无论是在侵权法还是合同法中。对于法律的学生和从业者来说,掌握这一概念是必要的,因为它构成了分析和解决法律纠纷的基础。通过识别案件何时是sounding in damages,个人可以更好地驾驭法律体系的复杂性,有效维护自己的权利和利益。
相关单词