damages

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, repayment for injury sustained, repayment for loss, restitution, restoration associated concepts: actual loss, addamnum clause, additur, aggravation of damages, amercement, apportionment of damages, assessment of damages, civil damages, claim for damages, compensatory damages, conjectural damages, consequential damages, contingent damages, continuing damages, damages accrued, damages actually sustained, damages to person, damages to property, damages to realty, damnum absque injuria, direct damages, division of damages, duty to minimize damages, estimated damages, excessive damages, exemplary damages, future damages, general damages, incidental damages, intervening damages, irreparable damages, irreparable injury, lawful damages, limitation of liability, liquidated damages, measure of damages, minimizing damages, mitigation of damages, nominal damages, ordinary damages, pecuniary damages, pecuniary loss, permanent damages, presumptive damages, property damage, prospective damages, proximate damages, punitive damages, reasonable certainty of damages, remote damages, special damages, speculative damages, substantial damages, treble damages, unliquidated damages foreign phrases:
- Ubi damn a dantur, victus victori in expenses condemnari debet — Where damages are given, the losing party ought to be condemned to pay costs to the victor
II index amercement, compensation, cost (penalty), expiation, out of pocket, punishment, recompense, recovery (award), reimbursement, reparation (indemnification), restitution, satisfaction (discharge of debt), trover

Burton's Legal Thesaurus. . 2006


damages
Damages may be awarded if a court decides that a defendant has either been negligent or broken a contract and foreseeable damage or loss results. The measure of damages in negligence is to compensate the plaintiff for foreseeable losses or damage. For breach of contract, he would normally be restored to the position he would have been in had the contract been properly fulfilled.

Easyform Glossary of Law Terms. — UK law terms.


damages
n.
Money awarded as compensation for injury or loss.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


damages
a monetary sum, awarded by a court, or the subject of an advance agreement between parties, payable for breach of a legal obligation. In a case of breach of contract, the innocent parties may want the goods they bought or hired – in Scotland they may be able to claim this as of right by way of specific implement. In England, specific performance is discretionary. For this reason, an award of damages is sometimes described as substitutional redress – instead of getting exactly what one wants a substitute is given. In the case of personal injuries this is seen clearly – the accidentally amputated leg is gone and a new one cannot be given; instead, the courts try to compensate as best as money can. Much depends, however, on why damages are being awarded. In contract, the attempt is to make up for the disappointed expectation of the contractual performance, in tort or delict it is to put matters back as they were before the wrong was done. In some cases, and they are very few, damages are to punish the wrongdoer, when they are called penal. Exemplary damages are awarded, in England, to show that tort does not pay and to make an example of the tortfeasor. Since Rookes v . Barnard [1964] AC 1129, it is clear that they cannot be awarded generally but only in two types of case:
(1) oppressive and unconstitutional action by government servants. This could include local government and police officers (Bradford City Metropolitan Council v. Arora [1991] 3 All ER 545);
(2) where the defendant proceeds in the knowledge that he is wrong and is calculated to make a profit that he calculates will exceed the compensation payable (Broome v . Cassell & Co. Ltd [1972] AC 1027).

Collins dictionary of law. . 2001.


damages
1) In a lawsuit, the harm caused to a party who is injured.
2) In a lawsuit, the money awarded to one party based on injury or loss caused by the other. For either definition, there are many different types or categories of damages. (See also: compensatory damages, actual damages, special damages, general damages, exemplary damages, punitive damages, statutory damages, nominal damages)
Category: Accidents & Injuries
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

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


damages
n. pl. Financial compensation demanded by, or directed by a court to be paid to, a claimant as compensation for a financial loss or injury to person or property.
@ actual damages
@ compensatory damages
@ actual or compensatory damages
actual or compensatory damages. Damages intended to compensate for a quantifiable loss.
See also damages.
@ consequential damages
pl.Damages resulting indirectly from the act complained of.
See also damages.
@ incidental damages
pl.Under the Uniform Commercial Code, expenses reasonably incurred by either party to a transaction in caring for goods after the other party's breach of the contract.
@ liquidated damages
pl.A contractually agreed upon amount to be paid in the event of a breach of the contract, in lieu of performance or quantification of actual damages sustained.
=>> damages.
@ nominal damages
pl.A small or insignificant amount of money awarded by a court or jury to demonstrate that a defendant is at fault, but that the injury sustained was minor or non-existent.
=>> damages.
@ punitive damages
pl.Damages awarded by a court or jury, typically in addition to actual damages, when the party against whom the award is made is deemed to have behaved egregiously; for example, with particular recklessness or malice.
@ speculative damages
pl.Damages claimed for possible future harm. These are considered uncertain or impossible to prove and generally are not awarded.
@ treble damages
pl.A tripling of the actual damages, generally awarded pursuant to a law or statute; intended to deter bad conduct.
=>> damages.
@

Webster's New World Law Dictionary. . 2000.


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.

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


damages
I
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.
 II Money awarded by a court to a person injured by the unlawful actor negligence of another person.

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

damages
n.
   the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. There are many types of damages. Special damages are those which actually were caused by the injury and include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. The second basic area of damages are general damages, which are presumed to be a result of the other party's actions, but are subjective both in nature and determination of value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, loss of companionship, loss of reputation (in a libel suit, for example), humiliation from scars, loss of anticipated business and other harm. The third major form of damage is exemplary (or punitive) damages, which combines punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, as, for example, in a sexual harassment case or fraudulent schemes. Although often asked for, they are seldom awarded. Nominal damages are those given when the actual harm is minor and an award is warranted under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who had written that the British Prime Minister had been drunk at a dinner at the White House. Liquidated damages are those pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract.

Law dictionary. . 2013.

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