For what purpose are special compensatory damages awarded?

What are the 3 types of compensatory damages?

What are special damages in law?

In contract law, special damages (also called consequential damages) refer to irregular damages such as physical injuries during a breach of contract, but general damages would refer to the damages expected from the contract being breached. [Last updated in July of 2021 by the Wex Definitions Team]

What is the general goal of awarding compensatory damages in a breach of contract situation quizlet?

The primary goal of compensatory damages is to compensate a nonbreaching party for the loss of the bargain. Substantial performance constitutes a minor breach of the contract. Specific performance is usually available for the buyer in contracts for the sale of land.

What are the two types of compensatory damages in insurance quizlet?

The two types of compensatory damages that can arise out of an injury are special damages and general damages. Special damages are awarded to an injured party for tangible losses.

What are the purposes of nominal damages actual damages and punitive damages?

Nominal damages are damages in name only, a trifling sum awarded to recognize an infringement of rights without resulting substantial loss or injury. Punitive damages are a penalty used where a defendant's conduct has been particularly egregious, vindictive, or malicious; they are not compensation for injury.

What is also known as compensatory damages?

Damages: An Overview

(The term "damages" typically includes both categories, but the term, "actual damages" is synonymous with compensatory damages, and excludes punitive damages.) Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury.

What are special damages in insurance?

Special Damages — objectively assessed monies awarded to an injured party for tangible losses, such as wage loss, loss of use, nursing care, and medical expenses.

What are some examples of compensatory damages?

For example, if the plaintiff was badly frightened and suffered nightmares, increased blood pressure, or other anxiety related symptoms which prevented him from working or fully enjoying his life, he could seek damages for "emotional distress." If any of his property was damaged, compensatory damages could also include ...

When can special damages be awarded?

Special damages are determined on the market value at the time of the loss arose. But in case of tort claim, the attorney may try to secure the claim by special damages. Such as: Replacement of damaged property.

Why are special damages awarded in only certain circumstances?

Some contracts relate to matters where losses are hard to quantify. These contracts often contain a condition requiring one of the parties to give up their right to sue for special damages. Certain jurisdictions also only allow special damages claims if the losses suffered were unavoidable.

Are compensatory damages special 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.

What may be awarded to the aggrieved party as restitution or to compensate him or her for expenses incurred as a result of a transaction where there is a breach of contract?

Monetary damages, also known as legal damages, is the amount of money awarded to the injured and prevailing party in a lawsuit. These damages are normally paid by the party who caused the injuries and can be imposed as a penalty, restitution, or both.

What is the difference between nominal punitive and compensatory damages?

The main difference between these two types of damages is that they are directed toward different parties of a civil claim. Compensatory damages are awarded to benefit the plaintiff and to help him or her cover the costs of an accident and/or injury. Punitive damages are awarded to punish the defendant.

What does it mean when nominal damages are awarded?

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.

What is the general goal of awarding compensatory damages in a breach of contract situation?

Compensatory damages (also called “actual damages”) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.

Which of the following is the general goal of compensatory damages quizlet?

What is the general goal of compensatory damages? To restore the plaintiff to the position he or she was in before the injury.

How are compensatory damages generally limited in contract cases?

Generally, compensatory damages are reduced by any loss that the innocent party has avoided. Sometimes, the buyer of goods breaches a contract before the seller produces the goods.

What are special damages in negligence?

Types of Special Damages

Lost wages and loss of earnings. Medical treatment costs (including past and/or future) Costs toward everyday household assistance necessitated by the injury. Loss of one-of-a-kind items.

What is difference between general and special damages?

These are your “out of pocket” expenses. One easy way to remember the difference between general and special damages is to think of them this way – general damages are the damages that can “generally” be attributed to the defendant's negligence, such as the pain and suffering that all accident victims suffer.

Is emotional distress a special damage?

The victims of accidents and serious injuries often experience emotional distress for years or decades, and some will experience emotional distress for the rest of their lives. In California, emotional distress is considered a form of non-economic damages.