gain-based damages
C2CEFR level
90/100Rarity: very rare
TechnicalRegister
An award measured by the benefit the defendant derived from the wrong rather than the harm suffered by the claimant.
Where the loss is negligible, gain-based damages let us strip out the advantage the trespass gave him.
Rarity runs from 0 (a word everyone knows) to 100 (almost never seen outside specialist or literary writing). Level is the word's real difficulty on the CEFR scale, from A1 to C2.
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