Which of the following is a measure of compensatory damages?

Asked by: Prof. Hollis Mertz  |  Last update: September 16, 2022
Score: 4.4/5 (53 votes)

In most states, when a seller of real estate breaches a contract and sells the land to someone else, the measure of compensatory damages is: the difference between the market price and the contract price.

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.

Which of the following are considered compensatory damages quizlet?

Compensatory damages are trivial damages intended to recognize that a defendant committed a tort against the plaintiff. If a court awards $1 million to compensate an injured plaintiff for medical bills, loss of wages, and pain and suffering, this is an example of compensatory damages.

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 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.

Compensatory Damages

31 related questions found

What are compensatory damages for breach of contract?

Compensatory Damages. Compensatory damages (also called “actual damages”) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.

What is the standard measure of compensatory damages when a contract is breached?

The standard measure of compensatory damages is the difference between the value of the breaching party's promised performance under the contract and the value of her or his actual performance. This amount is reduced by any loss that the injured party has avoided.

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.

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 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.

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 three types of damages dealing with intentional torts?

Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products - see Products Liability).

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 are compensatory damages in law?

Damages: An Overview

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 is an example of compensatory?

For example, if the plaintiff was badly frightened and suffered nightmares, increased blood pressure, or other anxiety related symptoms which prevented him from working or fully enjoying his life, he could seek damages for "emotional distress." If any of his property was damaged, compensatory damages could also include ...

What are the 5 types of damages?

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

How do I seek compensatory damages?

If you want to seek compensatory damages, pull together all the documents you have that relate to any expenses you incurred as a result of the injury or property loss you sustained. Compensatory damages aren't limited solely to costs to replace or repair damaged property or doctor's bills for your injury.

How is damage measured in Torts?

The measure of contractual damages is the difference between “the true value of the asset and its value with the quality as warranted”, whereas the measure of tortious damages is the difference between “the true value of the asset and the price paid”.

Why are compensatory damages important?

Compensatory damages are designed to compensate plaintiffs for the actual losses they've experienced. This type of award can be to reimburse them for medical treatments, medical bills, or any future expenses they may have due to an injury they sustained due to the negligence of another person or entity.

What are different types of damages?

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

Are expectation damages compensatory?

One type of compensatory damages is “expectation damages,” meaning what was expected to be paid under the terms of the contract. A second type of compensatory damages is “consequential damages,” meaning those damages “outside of the contract” that result from the breach of the contract.

What are the 3 remedies at law?

There are three types of equitable remedies: specific performance, injunction, and restitution.

How are damages determined?

The damages to which you are entitled are typically calculated based on the severity of your injuries, the underlying circumstances of the incident in question, and whether the case settles or proceeds to a trial.

What is compensation law?

A pecuniary remedy that is awarded to an individual who has sustained an injury in order to replace the loss caused by said injury, such as Workers' Compensation. Wages paid to an employee or, generally, fees, salaries, or allowances.

Which of the following is the general goal of compensatory damages quizlet?

What is the general goal of compensatory damages? To restore the plaintiff to the position he or she was in before the injury.