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For example, compensatory damages may be awarded as the result of a negligence claim under tort law. Expectation damages are used in contract law to put an injured party in the position it would have occupied but for the breach. [7] Compensatory damages can be classified as special damages and general damages. [8]
Property damage (sometimes called damage to property), is the damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or an act of nature. Destruction of property (sometimes called property destruction , or criminal damage in England and Wales ) is a sub-type of property damage that involves ...
Waste is a term used in property law to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property.
When damages are not predetermined/assessed in advance, then the amount recoverable is said to be "at large" (to be agreed or determined by a court or tribunal in the event of breach). The purpose of a liquidated damages clause is to increase certainty and avoid the legal costs of determining actual damages later if the contract is breached.
Sound in damages. An action is technically said to sound in damages when it is brought, not for the specific recovery of lands, goods, or sums of money (as is the case in real and mixed actions, or in the personal actions of debt and detinue), but for recovery of damages only, as in actions of covenant, trespass, etc. Steph. Pl. 116. [32]
Statutory damages are a damage award in civil law, in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of the loss suffered by the victim.
White that the law makes a presumption of damage in the absence of actual perceptible damage or financial loss and that the infringement of a right was enough for iniuria sine damno to be actionable. [12] / ɪ n ˈ juː r i ə ˈ s aɪ n i ˈ d æ m n oʊ / innuendo: by nodding
Damages for breach of contract is a common law remedy, available as of right. [1] 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 by the plaintiff, only nominal damages will be awarded.