What is general damages in contract law?

Asked by: Elwyn Gerlach  |  Last update: December 18, 2022
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General Damages. General damages cover the loss directly and necessarily incurred by the breach of contract. General damages are the most common type of damages awarded for breaches of contract.

What do general damages mean?

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 general and specific damages?

There are two separate types of compensatory damages: “general damages” and “special damages.” General damages are the non-economic damages, commonly referred to as pain and suffering. Special Damages are economic damages, the medical bills, the lost earnings, all out-of-pocket expenses incurred because of the injury.

What are the types of general damages?

Types of General Damages
  • physical pain and suffering.
  • physical disfigurement.
  • physical impairment.
  • mental anguish.
  • loss of companionship (paid to family members in wrongful death cases), and.
  • lowered qualify of life.

What are the 3 types of damages?

Types of Damages
  • 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.

Contract Law - Chapter 8: Damages (Degree - Year 1)

17 related questions found

What is the difference between general damages 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.

What are contract damages?

In simple words, damages are the certain amount of money which the defendant has to pay for breaching the contract or non-compliance with the terms and conditions of the contract to the plaintiff who has suffered loss because of the breach.

What are the 5 types of damages?

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

What are the four types of damages?

One of the most common remedies comes in the form of damages, or monetary awards, which are further broken down into four general categories.
  • Compensatory Damages. Compensatory damages (or “actual damages”) are specifically meant to make up for the plaintiff's losses. ...
  • Punitive Damages. ...
  • Liquidation Damages. ...
  • Nominal Damages.

How are general damages calculated?

General damages will be calculated based on the level of pain and suffering you have experienced as a result of your personal injury or illness. Medical evidence will be used to support this element of your claim.

What is general damage tort?

In the case of tort claim under general damages, it has a different meaning. It consists of losses which are hard to determine. Such as: Physical injury or disfigurement. Mental stress.

What are the 6 types of damages?

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

What is general damages in breach of contract?

Ordinary or general damages

Section 73 of the Indian Contract Act, 1872 identifies general damages to mean the damages which naturally occurred in the usual course events or things from the breach that has been caused, or which the parties were sure would arise in the event of a breach.

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.

How many types of damages are there in a contract?

There are four types of damages which can be claimed by the aggrieved party. Ordinary Damages or General Damages. Exemplary or Vindictive Damages. Nominal Damages.

What are the 3 types of compensatory damages?

The three types of damages are economic damages, non-economic damages, and punitive damages.

Are expectation damages general damages?

General damages are those that result from a breach of contract but aren't linked directly to the harmed party. The purpose of the expectation damages is the compensation of general damages to the harmed party. Special damages are limited and are those resulting from the injured party's own circumstances.

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.)

What are common law damages?

A common law claim is a claim for damages in which it is necessary for the worker to prove 'fault' in the form of negligence or breach of statutory duty on the part of the employer. A Workers Compensation policy will often also cover liability for any work related 'common law' claims by employees.

What are the 4 types of damages available for breach of contract?

Today, we're looking into four types of damages you may be able to receive in a breach of contract case.
  • Compensatory damages. ...
  • Punitive damages. ...
  • Nominal damages. ...
  • Liquidated damages.

Whats the difference between 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 punitive damages in contract law?

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.

Are general damages direct?

California recognizes two main types of damages for breach of contract. These are general damages and special damages. General damages, (sometimes called Direct Damages) are direct result of the breach i.e. general damages flow directly and necessarily from the breach of contract.

Are aggravated damages general damages?

Aggravated damages are intended to compensate for an actual loss such as anxiety or nervous shock beyond economic losses, or in rare cases, beyond general damages for pain and suffering and loss of enjoyment of life.

How do general damages differ from special 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.