What are different types of damages defined under the Indian contract Act?
Asked by: Jaylen Kshlerin | Last update: February 19, 2022Score: 4.4/5 (57 votes)
There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.
What are the types of damages in contract?
- 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 the different types of damages?
- General and Special Damages.
- Substantial Damages.
- Aggravated and Exemplary Damages.
- Liquidated and Unliquidated Damages.
- Consequential Damage and Incidental Loss.
What are the various types of damages in Contract Act 1872?
Damages can be caused in two ways: consequential or incidental. The estimated money should equal the harm or detriment suffered by either party, as directed by law. The non-performance or non-compliance of either party with the terms of the contract results in restitution or compensation.
What is damages under Indian Contract Act?
Section 73 of the Contract Act is lays down the provision relating to damages. It provides that the party, who breaches a contract, is liable to compensate the injured party for any loss or damage caused, due to the breach of contract.
Types of Damages - By Nidhi Baglikar
What are the four types of damages?
The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.
What are consequential damages in contract?
Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation, a breach of contract. ... Consequential damages go beyond the contract itself and into the actions that arise from the failure to fulfill.
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 nominal damages in contract law?
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 damages and liquidated damages in a contract?
By "Liquidated damages" we mean damages whose amount the parties to a contract quantify and designate during the negotiation of a contract for the non-breaching party to receive as compensation upon a specific breach (e.g., non-performance, late performance or inadequate performance).
What are damages law?
Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. ... Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are awarded to punish a wrongdoer.
What are the 3 types of compensatory damages?
The three types of damages are economic damages, non-economic damages, and punitive damages.
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 are the 6 types of damages?
- Compensatory Damages. ...
- Incidental Damages. ...
- Consequential Damages. ...
- Nominal Damages. ...
- Liquidated Damages. ...
- Punitive Damages.
What are indirect damages in contract law?
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.
What is Section 72 of Indian contract Act?
Liability of person to whom money is paid, or thing delivered, by mistake or under coercion- A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.
What are some examples of nominal damages?
- The value of the loss cannot be determined;
- The contract case is also combined with a tort claim. Common examples include fraud or coercion; and. ...
- The defendant acted in bad faith during contract negotiations or when executing their obligations under the contract.
What are prospective damages?
Prospective damages: Prospective damages are future damages that can to a moderately sufficient extent or degree be expected to occur. It is usually granted on the basis of the facts pleaded and proved by the plaintiff.
What is nominal damages and example?
For example, an injured plaintiff who proves that a defendant's actions caused the injury but fails to submit medical records to show the extent of the injury may be awarded only nominal damages. ...
What is the difference between punitive and compensatory damages?
Compensatory damages are given to the injured victim to help pay for medical expenses and other damages created, while punitive damages are meant to penalize the at-fault party.
What are exemplary damages in law?
DEFINITION. ... '7 In the The Law Lexicon, 'exemplary damages' is defined as not being compensatory but awarded to punish the defendant and to deter him and others from similar behaviour in the future.
What is the difference between incidental damages and consequential damages?
The difference between incidental and consequential damages is the cause of the expense or loss. Incidental damages are the direct result of one party's breach of contract. Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach.
What are consequential damages examples?
Commonly, consequential damages include property damage, personal injury, attorneys' fee, lost profits, loss of use, liability of buyer to customers, loss of goodwill, interest on money withheld by customers, and damages related to third party claims.
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 contingent damages?
Where a demurrer has been filed to one or more counts in a declaration, and its consideration is postponed, and meanwhile other counts in the same declaration, not demurred to, are taken as issues, and tried, and damages awarded upon them, such damages are called “contingent damages.”