Damages

At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury.[1] To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages.[2]

Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory,[3] at common law damages may instead be nominal, contemptuous or exemplary.[4]

  1. ^ International principle: Trans-Lex.org, Garner, p.416
  2. ^ See, e.g., Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27; Electrochrome v Welsh Plastics [1968] 2 All ER 205,, and British Celanese v Hunt [1969] 1 WLR 959
  3. ^ "Actual Damages". Wex. Cornell Law School. Retrieved 19 September 2017.
  4. ^ "Punitive Damages". Wex. Cornell Law School. Retrieved 19 September 2017.

Damages

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