Topics: Damages, Tort, Judicial remedies Pages: 1 (432 words) Published: April 19, 2013
Compensation for causing loss or injury through negligence or a deliberate act, or a court's estimate or award of a sum as a fine for breach of a contract or of a statutory duty. Types of damages include (1) General: damages that are presumed in law and follow indirectly from a wrong. They need not be specifically-claimed or proved to have been sustained, and are awarded also where an injury or loss (such as physical pain and mental anguish) cannot be precisely estimated. (2) Special (or specific): damages that are not presumed in law and are a direct result of an action or injury, such as loss of earnings, medical expenses, and repair bills, that can be assessed with fair accuracy. Such damages must be expressly claimed and proved. (3) Nominal: trifling sum awarded where a legal injury has occurred but has not resulted in a significant loss. (4) Substantial: where the aim of a court award is to restore a plaintiff to his or her economic position prior to the injury or loss. (5) Punitive (or exemplary): additional and heavy damages awarded where a court believes a defendant acted in a fraudulent, malicious, reckless, or violent manner, and therefore must be made an example of. (6) Liquidated: damages awarded where a contractprovides for an exact sum to paid as compensation in case of a breach of contract, and describes conditions that constitute a breach. (7) Unliquidated: where the court has to decide the sum to be paid as compensation in case of a breach of contract, what constitutes a breach, and whether a breach actually occurred.

damages noun amends, compensation, costs, expiation, fine, indemnification, indemnity, injury, just compensation, legal costs, legal liability, loss, penalty, recompense, recovery, reimbursement, remuneration for injury suffered, reparation, repayment for injury sustained,repayment for loss, restitution, restoration Associated concepts: actual loss, addamnum clause, additur, aggravation of damages, amercement,...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Critique on “Damages” as a Remedy for Breach of Contract Under Indian, American, English and Chinese Law. Essay
  • The approach the Zimbabwean courts take towards the question of damages in breach of contract cases. Essay
  • Compensation for Loss or Damage Caused by Breach of Contract Essay
  • torts and damages Essay
  • Law of Damages: LPL 4802 Essay
  • Remoteness of Damages Essay
  • The Differing Principles of Assessment of Damages in Tort and Contract Essay
  • General Principles Governing Damages Compensation: Harris vs. Peters Essay

Become a StudyMode Member

Sign Up - It's Free