speculative damages

speculative damages
Possible financial loss or expenses claimed by a plaintiff that are contingent upon a future occurrence, purely conjectural, or highly improbable. These damages should not be awarded. For example, a plaintiff may claim that in ten years, as he ages, he may begin to feel pain from a healed fracture caused by a defendant (even though no doctor has testified this is likely to happen), and should therefore recover money from the defendant now.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


speculative damages
Alleged injuries or losses that are uncertain or contingent and cannot be used as a basis of recovery for tort (See tort law) or contract actions.

Dictionary from West's Encyclopedia of American Law. 2005.


speculative damages
Alleged injuries or losses that are uncertain or contingent and cannot be used as a basis of recovery for tort or contract actions.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

speculative damages
n.
   possible financial loss or expenses claimed by a plaintiff (person filing a lawsuit) which are contingent upon a future occurrence, purely conjectural or highly improbable. Speculative damages should not be awarded, and jury instructions should so state. Examples: a) plaintiff believes that ten years hence, as he ages, he may begin to feel pain from a healed fracture although no physician has testified that this is likely to happen; b) plaintiff claims that defendant's failure to deliver products for sale may hurt plaintiff's reputation with future customers.
   See also: damages

Law dictionary. . 2013.

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Look at other dictionaries:

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