Damages

A Damages is a Common Law concept that involves the monetary compensation awarded to a party for loss or injury caused by another's breach of duty or legal infringement.

• Context:
  • It can (typically) be sought as a legal remedy in cases involving breach of contract, torts, or statutory duties.
  • It can (often) be calculated based on the extent of the loss or injury sustained by the plaintiff.
  • It can range from being Compensatory Damages, which aim to make the plaintiff whole, to being Punitive Damages, which aim to punish the defendant and deter similar conduct.
  • It can also include nominal damages, where the legal right is recognized, but the actual monetary damage is negligible.
  • It can be further classified into special damages, which cover measurable losses, and general damages, which cover non-measurable and non-monetary aspects such as pain and suffering.
  • It can be relevant in various legal contexts, as seen in links from pages like Limitation of Liability Clause, Borrowing Relationship, and Forensic Accounting Task.
  • ...
• Example(s):
  • An award of damages in a breach of contract case where the breach caused financial loss to the plaintiff.
  • A court awarding damages in a personal injury case to cover medical expenses, lost wages, and compensation for pain and suffering.
  • Compensatory Damages, such as:
    • The payment for medical expenses after a car accident where another driver was at fault.
    • Reimbursement for lost earnings due to a temporary or permanent inability to work following an injury.
    • Compensation for Property Damage when personal or real property is harmed due to someone else's negligence or wrongful act.
  • Punitive Damages, such as:
    • Awards that exceed simple compensation and are intended to punish the defendant, such as in cases of gross negligence or malicious intent.
    • Significant financial penalties imposed on a company for harmful practices that are egregious or willfully disregard safety.
  • Nominal Damages, such as:
    • A small monetary award given when the plaintiff's rights are violated but no actual monetary loss is proven.
    • A symbolic compensation often used to make a legal point rather than to achieve financial gain.
  • ...
• Counter-Example(s):
  • Equitable Relief such as an injunction, which does not involve monetary compensation but rather directs or prevents certain actions.
  • Criminal Penalties such as fines or imprisonment, which are punitive but are not considered a form of damages.
  • ...
• See: Money, Punitive, Legal Remedy, Pure Economic Loss, Property Damage, Limitation of Liability Clause, Borrowing Relationship, Forensic Accounting Task, Intentional Tort Act, Legal Agreement, Plaintiff, Restitution.

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References

2024

• (Wikipedia, 2024) ⇒ Wikipedia. (2024). “Damages.” Retrieved April 12, 2024, from https://en.wikipedia.org/wiki/Damages
  • QUOTE: At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary.

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