Which of the following types of damages seeks to put the victim in the position he or she would have been in had the tort never taken place?

Asked by: Prof. Yvette Cartwright I  |  Last update: December 4, 2022
Score: 4.8/5 (35 votes)

Compensatory Damages: These are designed to make the victim whole again, that is, to put the victim in the position he or she would have been in had the tort never taken place.

What are three 3 types of damages award in a tort case?

There are 3 types of damages: economic, non-economic, and exemplary.

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.

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 5 types of damages?

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

Damages in Tort | Law of Tort

34 related questions found

What are the 6 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.

What are types of damages?

Types of Damages
  • 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.

What are the 2 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 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 types of damages are available to an injured plaintiff?

The two main types of damages are general and special damages, also known as non-economic and economic damages.
...
Compensatory Damages
  • Pain and suffering.
  • Loss of enjoyment of life.
  • Disfigurement or dismemberment.
  • Mental anguish.

What are the types of tort damages?

There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts.

What treble damages mean?

Treble damages, by statute, permit the court to triple the amount of the actual or compensatory damages awarded to a prevailing plaintiff. When a plaintiff is awarded treble damages in California, the question is whether an insurance company is required to pay those damages.

What are general and special 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 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.

What is an example of general damages?

Examples of general damages include: physical pain and suffering (compensation for being in pain); physical injury or impairment (disfigurement or disability); mental pain and anguish (trauma, stress and anxiety); diminished quality of life (relying on others, lack of mobility, etc.); loss of companionship and support ...

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.

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.

What are ordinary damages?

Damages that emerge in the ordinary course of occasions from the breach of agreement are called ordinary damages. Damages emerging out of characteristic and probable results of break of agreement are likewise viewed as an ordinary damage.

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 are the three basic types of damages that a plaintiff can recover in a tort action and what is the purpose of each?

The law recognizes three major categories of damages: Compensatory Damages, which are intended to restore what a plaintiff has lost as a result of a defendant's wrongful conduct; nominal damages, which consist of a small sum awarded to a plaintiff who has suffered no substantial loss or injury but has nevertheless ...

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 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.

Which is an example of liquidated damages?

A liquidated damages example would be a contractor that failed to complete a construction project on time and is charged daily until the project has been finished.

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.