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Simple English definitions for legal terms
rule of the floating subtrahend
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A quick definition of rule of the floating subtrahend:
The rule of the floating subtrahend is a legal principle that says if someone is hurt or suffers damage, and it's not entirely the fault of another person, they must prove how much of the damage was caused by the other person. If they can't prove it, they won't get any compensation. This is because the person who was hurt or suffered damage has to show evidence of how much they were harmed, and how much of that harm was caused by the other person. If they can't do that, they won't be able to get any money or other compensation.
A more thorough explanation:
The rule of the floating subtrahend is a legal principle in common law that requires a plaintiff to prove the amount of damage that is not caused by the defendant. If the plaintiff fails to prove this amount, they may not recover any damages.
For example, if a person is injured in a car accident and the accident was partially their fault, they must prove the amount of damages that were not caused by their own negligence. If they cannot prove this amount, they may not recover any damages from the other driver.
The rule of the floating subtrahend is based on the idea that the burden of proof is on the plaintiff to prove their damages. If the plaintiff cannot prove the amount of damages that were not caused by the defendant, it is unfair to require the defendant to pay for damages that they did not cause.