What are general and special damages?

• Physical pain and suffering.
• Disfigurement.
• Physical impairment.
• Mental health issues.
• Loss of love, care, and companionship.
• Reduced quality of life.
• Future pain and suffering.

• COMPENSATORY. Compensatory damages are generally the most identifiable and concrete type of damages. ...
• GENERAL. General damages are sought in conjunction with compensatory damages. ...
• PUNITIVE. Punitive damages are meant to punish a Defendant for particularly egregious conduct.

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 are different types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

What are the 5 types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

What is special loss?

special loss or damage means loss or damage of a kind or extent which arises from circumstances special to the party claiming for loss and not from the ordinary course of things, whether or not those circumstances were known to the Escrow Agent either at the time this Agreement was entered into or later.

Which of the following would be classified as general damages?

General damages include pain and suffering, mental anguish, and loss of companionship. Special damages are awarded for out-of-pocket or economic losses such as medical costs, loss or income, or damage to property.

What are general damages in construction?

It held that general damages and LDs are "underpinned by different considerations": whilst general damages are intended to compensate an innocent party for actual losses suffered as a result of a breach; LDs are intended to be a genuine pre-estimate of the likely losses that would be suffered in the event of a breach.

What does the term general damages mean in law?

This means that courts indemnify an injured party for “physical arrangements which can make [the person's] life more endurable”, or, as stated in Lindal v. Lindal, [1981] 2 SCR 629 p 634, “to substitute other enjoyments and pleasures for those that have been lost”.

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.)

How are special damages calculated?

Special damages are out-of-pocket expenses that can be determined by adding together all the plaintiff's quantifiable financial losses. However, these losses or expenses must be proven with specificity.

What is general loss?

General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.

What is schedule of special damages?

Schedule of Special Damages

This can be prepared at any time during the process of the claim and is likely to be regularly updated as the claim proceeds. The Special Damages claim could include: losses of earnings. a claim for any care and assistance required by you.

What are the four types of damages?

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 4 sources of 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 three 3 Things Must a court consider in reviewing punitive damages?

To ensure that unconstitutional punishment is not imposed in the form of punitive damages, the Court has set forth three "guideposts" for courts to consider in reviewing punitive damages awards: "(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm ...

What is the difference between general and punitive damages?

General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.

Which of the following qualifies for compensation as general damages?

General damages award the injured person for the non-monetary losses that they endured due to an accident. Non-monetary losses include pain and suffering, loss of companionship, physical disfigurement, mental anguish, and a general loss of enjoyment in life that results from diminished wellness.

What are compensatory and punitive damages?

Compensatory And Punitive Damages

The compensatory damages awarded to plaintiffs are designed to give justice to them after being wronged. Punitive damages are designed to prevent others from being hurt by the same or similar actions.

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.