damages

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Related to Legal damages: nominal damages, actual damages, compensatory damages

damages,

money award that the judgment of a court requires the defendant in a suit to pay to the plaintiff as compensation for the loss or injury inflicted. Damages are the form of legal redress most commonly sought. With a few exceptions, English courts of law traditionally afforded only this remedy, while the grant of damages in courts of equityequity,
principles of justice originally developed by the English chancellor. In Anglo-American jurisprudence equitable principles and remedies are distinguished from the older system that the common law courts evolved.
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 was solely incidental to other relief, such as injunctioninjunction,
in law, order of a court directing a party to perform a certain act or to refrain from an act or acts. The injunction, which developed as the main remedy in equity, is used especially where money damages would not satisfy a plaintiff's claim, or to protect personal
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. The purpose of damages is to compensate the injured party for the loss that he has suffered and will probably suffer from the defendant's illegal conduct. Thus, in a suit for physical injuries the plaintiff may seek recovery for the pain he endured and his accrued medical expenses and for probable loss of earnings due to disability during the period of his incapacity. In suing for breach of contract the plaintiff need not prove the extent of his loss if the contract specified the "liquidated" damages, i.e., the probable loss from breach. Where there is a question as to the amount of damages, the jury usually makes the assessment. While the ordinary object of damages is simply to compensate the injured party to the extent of the injury, where there was fraud or deliberate wrongdoing, exemplary or punitive damages may be allowed. Many statutes thus provide for double or treble damages. In some instances where the extent of the loss cannot be determined or the injury is slight, nominal damages (e.g., a dollar) may be granted. Usually the losing party is required to reimburse the winning party for having put him to legal expense. In England reasonable counsel fees are recoverable, while in the United States only those expenses fixed by statute are recoverable. In some U.S. states, however, even the winning party may be required to pay compensation if by delay or other improper conduct he added to his opponent's legal costs. When damages and legal costs are awarded they become a lienlien,
claim or charge held by one party, on property owned by a second party, as security for payment of some debt, obligation, or duty owed by that second party. A lien may arise by agreement between the parties or by operation of law from the relation of the parties or the
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 on the debtor's property, which the creditor may seize and sell if the debtor does not meet his obligation. In some states, if the debtor attempts to put his property out of reach, an injunction ordering him to pay may be issued. During the 1990s conservatives pursuing "tort reform" prevailed on many state legislatures to enact laws limiting damages, but state courts have consistently voided these laws as violations of state constitutional guarantees of open court systems.

Damages

 

(also losses), in civil law, undesirable consequences to the property of a party to civil legal relations, resulting from a violation of law committed by another party.

In Soviet law, the definition of damages is given in civil legislation (art. 36 of the Basic Principles of Civil Legislation of the USSR and the Union Republics and art. 219 of the Civil Code of the RSFSR) in the general provisions on responsibility for breach of obligations. Damages include expenses incurred by the creditor, loss of or harm to the creditor’s property, and profits that the creditor would have obtained if the obligation had been performed by the debtor. Thus, the law affirms the principle of full compensation for damages, on the basis of which obligations arising as the result of the causing of harm are also regulated. Exceptions to this principle, expressed in the establishment of limited financial responsibility for the nonperformance or improper performance of obligations, may be provided by legislation or by agreement of the parties. Such agreements are not permitted between socialist organizations if the extent of responsibility for a given type of obligation is exactly defined by law.

In certain cases the debtor is obligated by law to compensate the creditor only for damages of a specific type. Thus, a party that has violated obligations under a construction contract must compensate the other party for such damages as expenses incurred by the latter or loss of or injury to the latter’s property. Under certain circumstances the limit of the debtor’s liability is established in advance. For example, for damages caused by a motor freight organization in the shipment of freight and baggage, the organization’s responsibility is as follows: (1) in case of loss or shortage of freight or baggage, in the amount of the value of the lost or short freight or baggage; (2) in case of damage to freight or baggage, in the amount by which the value was reduced; and (3) in case of loss of freight or baggage shipped with a declared value, in the amount of the declared value, unless it is shown to be less than the actual value.

The recovery of damages is also allowed outside of legal relations of obligation. The civil codes of the Union republics (for example, art. 500 of the Civil Code of the RSFSR) give an author or his legal successor the right to demand compensation for damages, as in the case of illegal use of a work without the consent of the author. Compensation for damages is also possible in the case of recovery by the owner of property from illegal possession by another.

liquidated damages

A sum specified in a contract whereby damages in the event of breach are to be determined. In a construction contract, liquidated damages usually are specified as a fixed sum per day for failure to complete the work, 1 within a specified time. If set at a level consistent with a reasonable forecast of actual harm to the owner, liquidated damage clauses will be upheld and will preclude use of standards for computation of damages that would otherwise be imposed by law. If the amount prescribed for liquidated damages is unreasonably high, the provision will be denominated an illegal “penalty” by the courts and held invalid; in such case, damages will be determined pursuant to otherwise applicable rules of law.
References in periodicals archive ?
9) other courts read Knudson more broadly so as to bar plans' reimbursement claims as claims for legal damages because they do not seek the recovery of the actual benefits payments by the plan and, thus, do not seek equitable restitution.
For some classes of events, deliberately low legal damages reduce the promisee's incentive to induce breach while the prospect of trademark losses reduces the promisor's incentive to breach.
Since the court found back-pay awards under Title VII to be equitable relief and not legal damages, the award was not excludable, and Sparrow had to pay tax on it.
Prior to ESIS's removal from its position by the Obama appointed claims czar, a class action was filed in Alabama Federal Court on behalf of the State of Alabama claiming that BP, ESIS, and others conspired to "delay and reduce the payment of legitimate legal damages by lulling class members into a false understanding of the availability of recoverable damages at law.
In the Ford Pinto case, for example, Ford made a business decision to pay legal damages instead of the $11 per car to make Ford Pinto gas tanks safe.
Kardashian is seeking in legal damages worth 200,000 dollars from Jaxson.
Companies or providers who break the rules would be subject to heightened fines - up to $3,000 per violation - and legal damages up to $1.
BP), the majority-owner of the leaking oil well, over $2 billion in recovery costs and legal damages and could add billions of dollars more to its costs.
And the grieving families of the nine victims of the blast in Maryhill, Glasgow, will be able to launch their fight for legal damages.
Its lawyer argues that the county ``encouraged'' the company to test boats at high speeds on the lake, so if the company is found liable for legal damages, county taxpayers should have to pick up the tab.
1990) ("damages" as used in CGL policy not limited to technical meaning of legal damages but encompasses amounts policyholder is required to pay because of legal obligation); Spangler Construction v.