Damages

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5 Terms

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Damages

Money awarded to person injured by the tort of another

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Nominal Damages

Symbolic damages, often $1, given when P establishes tort liability, but no actual harm occurred or is proven with substantial certainty

  • indicates D committed the tort

  • may serve to vindicate a right

  • NEVER given in negligence

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Compensatory Damages

Damages awarded as compensation, indemnity, or restitution for harm sustained

  • includes pecuniary loss – diminished market value for property loss, replacement costs, or rental value to compensate for unauthorized use

  • pecuniary loss for personal injury – includes medical expenses, lost wages/earning capacity, other expenses due to injury

  • non-pecuniary loss – includes pain & suffering and other mental distress

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Punitive Damages

Damages purposed to punish or deter particularly egregious conduct

  • discretionary

  • awarded when torts are committed with malice

  • in some states, portion of damages goes to the state

  • amount may be limited by legislation

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Specific Damages for Personal Injury