In this article you will learn about the Types of Damages in Tort.
Types of Damages in Tort
In the law of tort, damages refer to the monetary compensation awarded to a plaintiff to remedy a harm caused by the defendant's wrongful conduct.
There are several types of damages that can be sought in a tort action :
1. Compensatory Damages : These are the most common type of damages in tort cases and are intended to compensate the plaintiff for the losses suffered. Compensatory damages can be further categorised into three damages :
Special Damages : These are damages that compensate the plaintiff for quantifiable monetary losses such as medical expenses, lost wages, property damage, and other out-of-pocket expenses directly resulting from the defendant's wrongful conduct.
General Damages : General damages compensate the plaintiff for non-monetary losses that are more difficult to quantify, such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
2. Punitive Damages : Also known as exemplary damages, punitive damages are awarded in addition to compensatory damages to punish the defendant for particularly egregious or malicious conduct and to deter others from engaging in similar behaviour. Punitive damages are not intended to compensate the plaintiff but rather to punish and deter the defendant.
3. Nominal Damages : Nominal damages are a small, symbolic monetary award granted when a plaintiff's legal right has been violated but no actual loss or injury has been suffered. Nominal damages are typically awarded in cases where the plaintiff's rights have been technically infringed, but no substantial harm has been done.
4. Consequential Damages : Also known as special damages or indirect damages, consequential damages are losses that are not a direct result of the defendant's wrongful conduct but are instead incurred as a consequence of that conduct. These damages typically arise from the plaintiff's efforts to mitigate or remedy the harm caused by the defendant's actions.
5. Liquidated Damages : Liquidated damages are damages that are agreed upon by the parties in advance and specified in a contract as the amount of compensation to be paid in the event of a breach of contract. Liquidated damages clauses are common in contracts where it may be difficult to calculate the actual harm caused by a breach, and they serve to provide certainty and predictability to both parties.
Conclusion
Damages are the monetary compensation that the plaintiff receives from the court to help him make up for the losses he has endured as a result of the tort that another person committed. There are different kinds of damages, and how much they are worth is determined by a number of variables, including the kind and severity of the injury, the relationship between the plaintiff and the defendant, and more. The computation of damages varies depending on the circumstances. For example, the interest and multiplier theories are applied when calculating damages in the event of a person's death, but the person's social status is ignored when calculating damages in the event of a person's shorter life span.
This article on Types of Damages in Tort is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.