measure of damages

measure of damages
mea·sure of damages: the method under applicable principles of law for determining the damages sustained by a party

Merriam-Webster’s Dictionary of Law. . 1996.

measure of damages
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Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


measure of damages
n. A formula for determining monetary damages, which varies among types of actions; for example, measure of damages in a contract case is generally the contract price less reduction for any incomplete performance by the selling party, while measure of damages in a tort action is that which fairly compensates a plaintiff for her expenses sustained as a result of the tortious act, plus compensation for any pain and suffering.

Webster's New World Law Dictionary. . 2000.

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  • Measure of damages under English law — Damages for breach of contract is a common law remedy, available as of right. It is designed to compensate the victim for their actual loss as a result of the wrongdoer’s breach rather than to punish the wrongdoer. If no loss has been occasioned… …   Wikipedia

  • measure of damages — The rule, or rather the system of rules, governing the adjustment or apportionment of damages as a compensation for injuries in actions at law. See damages …   Black's law dictionary

  • measure of damages — The rule, or rather the system of rules, governing the adjustment or apportionment of damages as a compensation for injuries in actions at law. See damages …   Black's law dictionary

  • measure of damages — The rule of law established by statute or decision for arriving at the amount of the plaintiff s damages which he is entitled to recover in a given case. 22 Am J2d Damg § 45 …   Ballentine's law dictionary

  • Measure of Damages (under English law) — Damages for breach of contract is a common law remedy, available as of right. It is designed to compensate the victim for their actual loss as a result of the wrongdoer’s breach rather than to punish the wrongdoer. If no loss has been occasioned… …   Wikipedia

  • contractual measure of damages — Damages awarded for breach of contract. The principle of such an award is that the claimant is entitled to be put into the position as if the contract had been performed. Damages for breach of contract are subject to the principles of remoteness …   Law dictionary

  • tortious measure of damages — Damages awarded in respect of a tort. Such damages aim to put the injured party back in the position he was in before the tort occurred. In tort, the claimant cannot recover expectation loss. But as the aim of tortious damages is to put the… …   Law dictionary

  • damages — I noun amends, compensation, costs, expenses, expiation, fine, indemnification, indemnity, injury, just compensation, legal costs, legal liability, loss, penalty, recompense, recovery, reimbursement, remuneration for injury suffered, reparation,… …   Law dictionary

  • measure — I noun act, bill, caveat, declaration, decree, dictate, edict, enactment, law, legislation, legislative enactment, legislative mandate, legislative proclamation, mandate, piece of legislation, prescript, prescription, proposal, proposed act,… …   Law dictionary

  • Damages — This article is about the law term. For the television series, see Damages (TV series). For other uses, see Damages (disambiguation) …   Wikipedia

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