| 单词 | Interceptive subtraction |
| 释义 | 截取性的減損 In restitution, the enrichment of the defendant at the expense of the plaintiff caused by the defendant’s receipt of a benefit which would have been acquired by the claimant if the defendant had not received it. However, where the benefit has been conferred on the defendant indirectly via a third party, and not by the claimant directly, the claimant will not generally be able to establish that the defendant was enriched at his expense unless (1) the claim against the defendant is based on the claimant’s proprietary rights in the asset which was transferred from the third party to the defendant; (2) the defendant obtained a benefit from a third party by usurping the claimant’s office or position; or (3) the third party was acting as the claimant’s agent when conferring the benefit on the defendant. See also Benefit; Proprietary right; Usurper of office. 就復原而言，被告人在使原告人蒙受損失的情況下得益，否則該項利益本應由申索人取得。但如由第三者間接將利益賦予被告人，而非由申索人直接賦予，則申索人一般不得證明被告人在使其蒙受損失的情況下得益；但如(1)針對被告人的申索是基於申索人對資產所享有的所有權權利，而該項權利已由第三者轉予被告人；(2)被告人藉侵奪申索人的職權或職位而從第三者取得利益；或(3)第三者在將利益賦予被告人時是以申索人的代理人的身分行事，則屬例外。另見 Benefit; Proprietary right; Usurper of office。 |
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