What are damages quizlet?Asked by: Delfina Turner | Last update: February 19, 2022
Score: 4.8/5 (14 votes)
STUDY. damages. an award, typically of money, to be paid to a person as compensation for loss or injury.
What are general damages quizlet?
General damages include PAIN & SUFFERING and LOSS OF FUTURE EARNING CAPACITY. ... Under a loss of consortium claim, the plaintiff may recover damages for loss of the spouse's affection, company, and (generally romantic) society.
What does the legal term damages refer to quizlet?
What is meant by DAMAGES? Refers to the compensation due the nonbreaching party to recover any financial loss or injury caused by a breach of contract.
What is damages and what are kinds of damages?
In all other cases, the court quantifies or assesses the damage or loss; such damages are unliquidated. The parties may only fix an amount as liquidated damages for specific types of a breach, then the party suffering from another type breach may sue for unliquidated damages resulting from such breach.
What does the legal term damages refer to?
Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages: compensatory and punitive.
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What is the purpose of damages?
Generally, the purpose of an award of damages for breach of contract is to compensate the injured party. The general rule is that damages are meant to place the claimant in the same position as if the contract had been performed.
What are types of damages?
- 1] Ordinary damages. On the breach of a contract, the suffering party may incur some damages arising naturally, in the usual course of events. ...
- 2] Special Damages. ...
- 3] Vindictive or Exemplary Damages. ...
- 4] Nominal Damages. ...
- 5] Damages for Deterioration caused by Delay. ...
- 6] Pre-fixed damages.
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.
What are the four types of damages?
The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.
What are compensatory damages quizlet?
Compensatory damages are paid to compensate the plaintiff for loss, injury or harm suffered. Compensatory damages in tort are referred to as reliance damages. Compensatory damages in contract are referred to as expectation damages.
What do Compensatory damages include?
- Mental anguish.
- Future medical expenses.
- Future lost wages.
- Long-term physical pain and suffering.
- Loss of consortium.
- Loss of enjoyment of life.
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 punitive damages quizlet?
What are punitive damages? Damages awarded that are intended to punish the defendant for conduct that is extreme and outrageous.
What are the five types of damages that are common in tort cases?
Common torts include:assault, battery, damage to personal property, conversion of personal property, and intentional infliction of emotional distress. Injury to people may include emotional harm as well as physical harm.
What damages are available in tort actions quizlet?
- COMPENSATORY & PUNITIVE DAMAGES. ...
- COMPENSATORY DAMAGES (ACTUAL) ...
- PUNITIVE DAMAGES. ...
- COMPENSATORY DAMAGE COMPONENTS: MEDICAL RELATED EXPENSES, PAST LOST WAGES & FUTURE LOST WAGES, AND PAIN AND SUFFERING. ...
- PAIN AND SUFFERING. ...
- PAIN AND SUFFERING. ...
- PAST LOST WAGES. ...
- PROJECTED FUTURE LOST WAGES.
What are the 6 types of damages?
- Compensatory Damages. ...
- Incidental Damages. ...
- Consequential Damages. ...
- Nominal Damages. ...
- Liquidated Damages. ...
- Punitive Damages.
What are actual damages in tort?
In tort law, actual damages is a type of damages which refers to compensation awarded by a court in response to a loss suffered by a party. ... This award does not include punitive damages, which may be awarded when the defendant's actions are especially reckless or malicious.
What are examples of general damages?
Examples of general damages include pain and suffering, mental anguish, and loss of consortium. General damages can also include future losses due to loss of earning capacity or future medical care.
What are general and specific damages?
General damages represent the types of damages that can't easily be assigned a monetary value, such as pain and suffering, loss of consortium and emotional trauma. ... Special damages include things like medical bills and lost wages. These are your “out of pocket” expenses.
What are punitive damages?
Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim.
What are contract damages?
Generally, the purpose of an award of damages for breach of contract is to compensate the injured party. ... Damages are usually awarded for expectation loss (loss of a bargain) or reliance loss (wasted expenditure). In some cases the court may award damages which go beyond a strict measure of compensation.
Who can claim damages?
Damages is that amount of money which the injured person gets from the person who caused injury to him. In a claim for damages, the person should have suffered a legal injury because in case no legal injury happens a person cannot claim damages even if he suffered an actual loss.
What are the grounds for damages?
- Actual or compensatory Damages.
- Moral Damages.
- Exemplary or corrective Damages.
- Liquidated Damages.
- Nominal Damages.
- Temperate or moderate Damages.
What is damages remedy?
Damages in contract law are a legal remedy available for breach of contract. Damages are an award of money to compensate the innocent party. The primary purpose of damages in contract law is to place the injured party in the position they would have been in had the contract been performed.
What is assessment of damages?
The general object of an award of damages is to compensate the plaintiff for the losses, pecuniary and non-pecuniary, sustained as a result of the defendant's tort. More specifically, the assessment process is said to aim at restitutio in integrum .