from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
PRETIUM AFFECTIONIS. An imaginary value put upon a thing by the fancy of the
owner in his affection for it, or for the person from whom he obtained it.
Bell's Dict. h.t.
2. When an injury has been done to an article, it has been questioned
whether in estimating the damage there is any just ground in any case, for
admitting the pretium affectionis? It seems that when the injury has been
done accidentally by culpable negligence, such an estimation of damages
would be unjust, but when the mischief has been intentional, it ought to be
so admitted. Kames on Eq. 74, 75.