Damages

Damages

Monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party.

Damages attempt to measure in financial terms the extent of harm a plaintiff has suffered because of a defendant's actions.

General Meaning of Damage:

General damages in contract would include the difference between contract and market prices, the difference between the values of the goods as delivered and as warranted, and interest on money that has been wrongfully withheld. In contrast, special damages would include all other damages.

Literal Meaning of Damage:

A tort suit enables the victim of some injury to make her problem someone else's problem. Unlike a criminal case, which is initiated and managed by the state, the victim or the victim’s survivors prosecute a tort suit. Moreover, a successful tort suit results not in a sentence of punishment but in a judgment of liability. Such a judgment normally requires the defendant to compensate the plaintiff financially

What is the purpose of damages?

Sometimes it’s important to go back to basics and remember we are not just involved in some high stakes game, but are representing people. People who are entitled to justice.

But how should a jury evaluate what full justice is? Comparing the harm done to a sum of money, which reasonably and fairly equals the harm, can only do it. It is only when the scale is accurately balanced with money on one side and the extent of harm on the other. That requires careful examination of each element of damage, which the law provides.

Type of Damages:

1- Liquidated damage: are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach (e.g., late performance).

2- Un-liquidated damage:

Sums of money not established in advance by the contracting parties as a compensation for a breach of contract, but determined...