Are direct damages the same as actual damages?

What is the difference between actual and punitive damages?

punitive damages are the two main types of damages awarded in civil court cases. While courts grant actual damages to plaintiffs to compensate them for a loss they have suffered, they impose punitive damages on a defendant to discourage the behavior that led to the defendant being sued in the first place.

What are the different kinds of damages?

Are consequential and indirect damages the same?

Consequential damages are also referred to as special damages or indirect damages. Such indirect damages are damages that do not necessarily flow from the breach of contract but are secondary in nature or indirect to breach.

What are examples of indirect damages?

Indirect Damages means loss of production, loss of profit, loss of use, loss of contracts or any other indirect loss.

What are direct and indirect losses?

Direct losses refer to the physical or structural impact caused by the disaster such as the destruction of infrastructure caused by the force of high winds, flooding or ground shaking. Indirect effects are the subsequent or secondary results of the initial destruction, such as business interruption losses.

Are compensatory damages direct or indirect?

When a contract is breached, the recognized remedy for an owner is recovery of damages that result directly from the breach (also known as "compensatory damages"). Damages may include the cost to repair or complete the work in accordance with the contract documents, or the value of lost or damaged work.

Are lost profits actual damages?

In California, lost profits may be considered direct damages when the profits are “part and parcel of the contract itself.” Lewis Jorge, 34 Cal. ... More commonly, though, lost profits are considered to be consequential rather than direct damages.

Are reliance damages direct damages?

Direct damages are the direct costs incurred due to the breach of contract. In addition to direct damages, a plaintiff may seek consequential or “special” damages. ... Reliance interest is designed to put the plaintiff in the position he or she would have been in if the contract had never been made.

Are penalties direct damages?

The court found that card brand penalties qualified as consequential damages. ... For this and other reasons, the court concluded that these assessments constituted consequential—not direct—damages, and were therefore covered by the limitation of liability clause.

What is meant by indirect loss?

Indirect Damage Loss — loss resulting from direct damage to property—for example, income and expense loss resulting from inability to use damaged property.

Are incidental damages indirect damages?

Indirect damages refers to all the knock-on effects on the contract breach on the non-breaching party – all the non-immediate consequences that might happen. ... Indirect damages have all sorts of labels: consequential, incidental, indirect, exemplary, special, enhanced, punitive, etc.

What are examples of actual damages?

What are the 6 types of damages?

What are the two types of damages?

Generally, there are two types of damages: compensatory and punitive. (The term "damages" typically includes both categories, but the term, "actual damages" is synonymous with compensatory damages, and excludes punitive damages.)

What are actual damages Philippines?

How do you define actual or compensatory damages? One situation in which actual damages are awarded is when the defendant has inflicted injury upon the plaintiff. Actual damages or compensatory damages refer to the money paid to the plaintiff to cover for the damages caused by the defendant.

What are nominal damages?

A trivial sum of money awarded to a plaintiff whose legal right has been technically violated but who has not established that they are entitled to compensatory damages because there was no accompanying loss or harm. ... Barker the court held that the plaintiff was entitled to nominal damages of $100.

What are general damages?

Damages that arise directly and inevitably from a breach of contract. In other words, those damages that would be theoretically suffered by every injured party under these circumstances.

Can you claim both expectation and reliance damages?

It is not possible to recover both expectation and reliance losses - this is to avoid double recovery.

Can you get both expectation and reliance damages?

Although Expectation loss is the normal measure for assessing damages for breach of contract a claimant may claim reliance loss where it is not possible to calculate what their profits would have been if the contract had been performed, or if they made a bad bargain and expectation based damages would not lead to a ...

What type of damages are reliance damages?

Damages awarded for losses suffered in reasonable reliance on a promise. Reliance damages are calculated by asking what it would take to restore the injured party to the economic position occupied before the party acted in reasonable reliance on the promise.