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  2. Damages - Wikipedia

    en.wikipedia.org/wiki/Damages

    Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. [16] Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of ...

  3. Tort - Wikipedia

    en.wikipedia.org/wiki/Tort

    Tort law is closely related to other areas of law, particularly contract and criminal law. On one hand, tort and contract law are typically regarded as the two primary fields within the law of obligations, with tort forming a catch-all category encompassing civil wrongs that arise by operation of law in contrast to breach of contract, which ...

  4. United States tort law - Wikipedia

    en.wikipedia.org/wiki/United_States_tort_law

    Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...

  5. Liquidated damages - Wikipedia

    en.wikipedia.org/wiki/Liquidated_damages

    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.

  6. Heads of loss - Wikipedia

    en.wikipedia.org/wiki/Heads_of_loss

    When used in the context of contracts, "loss" is the equivalent of damages at common law. The measure of such damages can be complex, but the starting position is to put the injured party in the same position (so far as money can accomplish) as if the contract had been correctly performed [1] For example, a book on "Building Contract Claims ...

  7. Misrepresentation - Wikipedia

    en.wikipedia.org/wiki/Misrepresentation

    In contract [83] and tort, [84] damages will be awarded if the breach of contract (or breach of duty) causes foreseeable loss. By contrast, a fraudulent misrepresenter is liable in the common law tort of deceit for all direct consequences, whether or not the losses were foreseeable.

  8. Outline of tort law - Wikipedia

    en.wikipedia.org/wiki/Outline_of_tort_law

    Union of India, in Indian tort law is a unique outgrowth of the doctrine of strict liability for ultrahazardous activities. Under this principle of absolute liability, an enterprise is absolutely liable without exceptions to compensate everyone affected by any accident resulting from the operation of hazardous activity.

  9. Measure of damages under English law - Wikipedia

    en.wikipedia.org/wiki/Measure_of_damages_under...

    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.

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