What type of action is it when the victim is seeking money to compensate for damages caused quizlet?

Asked by: Nettie Kassulke  |  Last update: July 26, 2022
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Tort action Explanation: In suing for tort, the victim is seeking money to compensate for damage caused by the defendant.

For what do compensatory damages compensate 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 are the two types of compensatory damages 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 compensatory damages quizlet?

compensatory damages. Money awarded to a plaintiff to compensate for damages, injury, or another incurred loss.

What is the difference between compensatory and punitive damages quizlet?

What is the difference between compensatory and punitive damages? Compensatory damages are intended to compensate the injured for the loss. When a tort is intentional, punitive damages may also be awarded to punish the person who committed the tort. Distinguish between evidence and testimony.

An Overview of Compensatory Damages

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What are compensatory damages also known as?

Compensatory damages are also referred to as “actual damages.” It means the objective dollar amount needed to compensate (hence, the name) a plaintiff for the monetary value of what they either lost or incurred because of the injury. Typical compensatory damages in an injury claim include: Medical bills.

What are two types of compensatory damages?

There are two types of compensatory damages—general and actual. Actual damages are intended to provide funds to only replace what was lost. General compensatory damages awarded are more complex, as these compensatory damages do not represent a monetary expenditure.

What are damages quizlet?

Damage, loss, or injury (such as loss of profits) that does not flow directly and immediately from the act of the party but only from some of the consequences or results of such an act. Incidental Damages. Reasonable expenses that indirectly result from a breach of contract.

What is the difference between nominal punitive and compensatory damages?

The main difference between these two types of damages is that they are directed toward different parties of a civil claim. Compensatory damages are awarded to benefit the plaintiff and to help him or her cover the costs of an accident and/or injury. Punitive damages are awarded to punish the defendant.

What is the purpose of punitive damages quizlet?

The purpose of punitive damages is to punish the wrongdoer and deter others from similar wrongdoing.

What may be awarded to the aggrieved party as restitution or to compensate him or her for expenses incurred as a result of a transaction where there is a breach of contract?

Monetary damages, also known as legal damages, is the amount of money awarded to the injured and prevailing party in a lawsuit. These damages are normally paid by the party who caused the injuries and can be imposed as a penalty, restitution, or both.

What are consequential damages quizlet?

consequential damages. damages not arising directly out of breach of contract but as foreseeable result of the breach. benefit-of-the-bargain damaged. difference between the value received and the value of the fradulent party's performance as represented (majority)

What is the general goal of awarding compensatory damages in a breach of contract situation quizlet?

The primary goal of compensatory damages is to compensate a nonbreaching party for the loss of the bargain. Substantial performance constitutes a minor breach of the contract. Specific performance is usually available for the buyer in contracts for the sale of land.

What is incidental damages quizlet?

Incidental damages are the direct result of one party's breach of contract. - not from special circumstances. Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach. They must be foreseeable in that they were communicated or known.

What area of civil law involves the awarding of economic damages to compensate for these types of harms quizlet?

Tort law is designed to compensate those who have suffered a loss or injury due to another person's wrongful act. In a tort action, one person or group brings a lawsuit against another person or group to obtain compensation ( monetary damages) or other relief for the harm suffered.

What is the Can Spam Act quizlet?

What is prohibited by the CAN-SPAM Act? This Act prohibits sending unwanted "commercial" e-mail messages" to wireless devices without express prior authorization.

What is an example of compensatory damages?

A compensatory damages example is if a negligent driver hit your 2008 Honda and totaled it; the compensatory damages should equal the market value of your 2008 Honda at the time of its demise, less any scrap or salvage value, and you could be entitled to the fair market value of the vehicle.

What is the difference between compensatory and aggravated damages?

Aggravated damages are awarded to compensate for aggravated damage. … They take account of intangible injuries and by definition will generally augment damages assessed under the general rules relating to the assessment of damages. Aggravated damages are compensatory in nature and may only be awarded for that purpose.

What do punitive damages mean?

Punitive damages are awarded in addition to actual damages in certain circumstances. 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.

What are nominal damages quizlet?

Nominal damages are a symbolic award (often $1 or $2) given to the P when liability for a tort is established but no actual harm occurred or is proven with sufficient certainty.

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.

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.

What are the 3 types of compensatory damages?

First, it's critical to understand the two types of compensatory damages.
  • Actual (or Special) Compensatory Damages. ...
  • General Compensatory Damages. ...
  • Calculating Compensatory Damages. ...
  • Punitive Damages.

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.

Which of the following types of damages is intended to reimburse a plaintiff for his or her losses?

Compensatory damages are damages intended to reimburse a plaintiff for her or his losses.