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Legal Terms - damages pl. n. a quantity of money that a judge grants as payment for a tort or contract violation. Typically, damages are awarded in *lump-sum The claimant's entitlement to complete recompense (restitutio in integrum) for his losses is the general concept. Nominal damages may be awarded for breach of contract and for some torts (like trespass) in which no damage has occurred, but substantive damages are only awarded when actual damage has occurred. This is done to protect the interests of the claimant. The circumstances of the wrong may *exacerbate damages. Exemplary damages may be awarded in unusual tort situations (but never in contract proceedings) to penalize the defendant for their misconduct. There are two types of damages: liquidated and unliquidated. A figure agreed upon in advance by the parties to a contract as the amount to be paid in the case of a breach is known as liquidated damages. They are recoupable if the amount set was a reasonable approximation of the anticipated outcomes of a violation; otherwise, they cannot be recouped if they were imposed as a *penalty. Damages that are not liquidated are ones whose total is decided by the court. *General and special damages are additional categories for damages.
To place the claimant in the same situation as he would have been in had the tort not been committed is the goal of damages in tort law. The principles of *remoteness of harm (Overseas Tankship (UK) v. Morts Dock & Engineering Co. (The Wagon Mound) [1961] AC 388 (PC)) place restrictions on recovery. In order to minimize his losses, the claimant must take reasonable measures, which may include seeking medical attention for his wounds or looking for other work if his injuries make it impossible for him to do his previous duties. Due to the claimant's *contributory negligence, damages may also be lowered. The goal of damages in contract is to return the claimant to his pre-contractual state; nevertheless, similar to damages in tort, recovery is restricted by the remoteness of damage rules (Hadley v. Baxendale (1854) LR 9 Exch 341, 156 ER 145). Similar to tort cases, the claimant is obligated to take all reasonable measures to minimize his losses and is not eligible to get compensation for any damages incurred as a result of his failure to do so. For instance, if a hotel reservation is canceled, the hotel operator is required to use all reasonable means to rebook the room for the duration of the cancellation or for as much of it as practicable.
conditions that are incorrect. Exemplary damages may be awarded in unusual tort situations (but never in contract proceedings) to penalize the defendant for their misconduct. There are two types of damages: liquidated and unliquidated. A figure agreed upon in advance by the parties to a contract as the amount to be paid in the case of a breach is known as liquidated damages. They are recoupable if the amount set was a reasonable approximation of the anticipated outcomes of a violation; otherwise, they cannot be recouped if they were imposed as a *penalty. Damages that are not liquidated are ones whose total is decided by the court. *General and special damages are additional categories for damages.
To place the claimant in the same situation as he would have been in had the tort not been committed is the goal of damages in tort law. The principles of *remoteness of harm (Overseas Tankship (UK) v. Morts Dock & Engineering Co. (The Wagon Mound) [1961] AC 388 (PC)) place restrictions on recovery. In order to minimize his losses, the claimant must take reasonable measures, which may include seeking medical attention for his wounds or looking for other work if his injuries make it impossible for him to do his previous duties. Due to the claimant's *contributory negligence, damages may also be lowered. The goal of damages in contract is to return the claimant to his pre-contractual state; nevertheless, similar to damages in tort, recovery is restricted by the remoteness of damage rules (Hadley v. Baxendale (1854) LR 9 Exch 341, 156 ER 145). Similar to tort cases, the claimant is obligated to take all reasonable measures to minimize his losses and is not eligible to get compensation for any damages incurred as a result of his failure to do so. For instance, if a hotel reservation is canceled, the hotel operator is required to use all reasonable means to rebook the room for the duration of the cancellation or for as much of it as practicable. Also see DAMAGES BASED ON GAIN.
The standards of just satisfaction established by the European Court of Human Rights (R (Greenfield) v Secretary of State for the Home Department [2005] UKHL 14, [2005] 1 WLR 673) are applied to damages for violations of the *Human Rights Act 1998.
To place the claimant in the same situation as he would have been in had the tort not been committed is the goal of damages in tort law. The principles of *remoteness of harm (Overseas Tankship (UK) v. Morts Dock & Engineering Co. (The Wagon Mound) [1961] AC 388 (PC)) place restrictions on recovery. In order to minimize his losses, the claimant must take reasonable measures, which may include seeking medical attention for his wounds or looking for other work if his injuries make it impossible for him to do his previous duties. Due to the claimant's *contributory negligence, damages may also be lowered. The goal of damages in contract is to return the claimant to his pre-contractual state; nevertheless, similar to damages in tort, recovery is restricted by the remoteness of damage rules (Hadley v. Baxendale (1854) LR 9 Exch 341, 156 ER 145). Similar to tort cases, the claimant is obligated to take all reasonable measures to minimize his losses and is not eligible to get compensation for any damages incurred as a result of his failure to do so. For instance, if a hotel reservation is canceled, the hotel operator is required to use all reasonable means to rebook the room for the duration of the cancellation or for as much of it as practicable.
conditions that are incorrect. Exemplary damages may be awarded in unusual tort situations (but never in contract proceedings) to penalize the defendant for their misconduct. There are two types of damages: liquidated and unliquidated. A figure agreed upon in advance by the parties to a contract as the amount to be paid in the case of a breach is known as liquidated damages. They are recoupable if the amount set was a reasonable approximation of the anticipated outcomes of a violation; otherwise, they cannot be recouped if they were imposed as a *penalty. Damages that are not liquidated are ones whose total is decided by the court. *General and special damages are additional categories for damages.
To place the claimant in the same situation as he would have been in had the tort not been committed is the goal of damages in tort law. The principles of *remoteness of harm (Overseas Tankship (UK) v. Morts Dock & Engineering Co. (The Wagon Mound) [1961] AC 388 (PC)) place restrictions on recovery. In order to minimize his losses, the claimant must take reasonable measures, which may include seeking medical attention for his wounds or looking for other work if his injuries make it impossible for him to do his previous duties. Due to the claimant's *contributory negligence, damages may also be lowered. The goal of damages in contract is to return the claimant to his pre-contractual state; nevertheless, similar to damages in tort, recovery is restricted by the remoteness of damage rules (Hadley v. Baxendale (1854) LR 9 Exch 341, 156 ER 145). Similar to tort cases, the claimant is obligated to take all reasonable measures to minimize his losses and is not eligible to get compensation for any damages incurred as a result of his failure to do so. For instance, if a hotel reservation is canceled, the hotel operator is required to use all reasonable means to rebook the room for the duration of the cancellation or for as much of it as practicable. Also see DAMAGES BASED ON GAIN.
The standards of just satisfaction established by the European Court of Human Rights (R (Greenfield) v Secretary of State for the Home Department [2005] UKHL 14, [2005] 1 WLR 673) are applied to damages for violations of the *Human Rights Act 1998.
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