What are the six kinds of damages?
Asked by: Helena Conroy PhD | Last update: February 19, 2022Score: 4.7/5 (54 votes)
There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.
What are the kinds of damage?
- Nominal Damages. Nominal damages are those in which even though the plaintiff has suffered a legal injury at the hands of the defendant, there is no actual suffered by him. ...
- Contemptuous Damages. ...
- Compensatory Damages. ...
- Aggravated Damages. ...
- Punitive Damages.
What are the kinds of damages in law?
In Philippine laws, there are six kinds of damages, namely: Actual or compensatory Damages. Moral Damages. Exemplary or corrective Damages.
What are the four types of damages?
The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.
What are the types of damages in a 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.
Types of Damages - By Nidhi Baglikar
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 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 the 3 types of compensatory damages?
The three types of damages are economic damages, non-economic damages, and punitive damages.
What are damages in civil law?
Civil damages are monetary awards granted when a person suffers a loss due to the wrongful or negligent actions of another party. Civil damages are owed to a winning plaintiff by the losing defendant in a civil case tried in a court of law. ... Estimating liability in civil cases depends greatly on the type of damages.
What are substantial damages?
Substantial damages are awarded as a means to compensate a plaintiff where they have suffered an actual loss. Substantial damages can be either general or special. ... General damages are more difficult to quantify as they cover damages for pain, suffering or loss of expectation of life.
What are measures of damages?
Measure of damages is a way to compute damages that are to be awarded to an injured person. In an action on a penal bond, the measure of damages is compensation for the actual loss, not exceeding the established penalty.
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 are the damages under tort?
Damages under Tort refers to a form of compensation due to a violation, damage or accident, in basic terms. 1 Damage may claim defence of “expectation interest,” “reliance interest,” or “restitution interest,” as explained by Fuller and Perdue.
What are special and general damages?
In tort law, special damages are damages like car dents or medical expenses that can actually be ascertained, and they are contrasted with general damages, which refer to damages for things like intentional infliction of emotional distress which do not have a set monetary cost.
What is aggravated damage?
Related Content. Damages to provide compensation for mental distress or injury to feelings caused by the manner or motive with which a wrong was committed or by the defendant's conduct subsequent to the wrong.
What are three types of damages recoverable in a lawsuit?
There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive.
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 examples of consequential damages?
- Loss of anticipated profits;
- Loss of business;
- Cost of unsuccessful attempts to repair defective goods;
- Loss of goodwill;
- Losses resulting from interruption of buyer's production process;
- Loss of reputation; and.
- Loss of sales contracts because of delayed products.
What are ordinary damages?
Ordinary damages are damages which fairly and reasonably be considered as arising naturally and directly in the usual course of things from the breach of contract itself. Damages, that are the direct or the proximate consequences of the breach of contract, can be described as ordinary damages.
What is the meaning of moral damages?
Moral damages are a type of extraordinary damage that compensate an employee for mental distress or other intangible injury arising from the employer's breach of its duty of good faith and fair dealing in the manner of dismissal.
What is meant by special damages?
Like ordinary damages are the right of the aggrieved party whatever loss he has suffered it will get but special damages get in a special situation so it might not get in all the situations. Some of the examples of Special damages are: Loss of business opportunities, contract and profits.
What is the purpose of compensatory damages?
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 pecuniary damages?
Pecuniary damages are damages that have a discernible, quantifiable monetary amount attached to them. Examples include medical bills, property damage and loss of wages. Non-pecuniary damages are damages that are not as discernible and quantifiable.
What are the two main categories of general damages?
The money awards (known as “damages”) available through the courts can be broken up into two main categories: pecuniary and non-pecuniary.
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.