damages


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Related to damages: Consequential damages

Damages

Money a jury gives to a party in a lawsuit to compensate for some injury. Damages may be divided into actual damages, which compensate for a real loss (such as the cost of repairing a car), and punitive damages, which penalize the other party. For example, a jury may require a defendant to pay $30,000 in actual damages to pay for the plaintiff's medical bills, and a further $100,000 to show how displeased the jury is with the defendant's actions.

damages

money awarded by a court to a plaintiff who has suffered loss at the hands of the defendant as a result of breach of CONTRACT or a TORT committed by the defendant.

damages

Compensation for an injury for which the law provides a remedy. Following are highlights of some of the law of damages as it relates to real property:

• The measure of damages to property is the difference in the value of the thing before the injury and after the injury. The cost to make repairs is usually not a valid measure of damages.

• Parties may not contractually agree to a penalty for default, such as late completion of a construction project. Penalties are illegal. Parties may, however, agree that the damages for default will be difficult to measure exactly, so they will agree to liquidated damages in a certain agreed-upon amount. This is the reasoning behind contracts that allow retention of the earnest money if the buyer defaults.

• In breach of contract cases, injured parties are required to take such actions as are reasonable to minimize their damages and will be denied any damages at all if they do not take such mitigation steps. If a tenant breaches a lease, the landlord must try to release the premises to another, and the value of any damages will be diminished by the value of the new lease.

• Consequential damages, which are damages not as a direct result of the wrong, but flowing from some of the consequences of the wrong, are recoverable only if the wrongdoer had some reason to know of the consequences. A person who allows something unsafe to remain on the premises (such as a wet floor) may be responsible for the injury to a guest who slips and falls. However, the person may not be liable for the consequential damages when the guest becomes addicted to pain medication.

• Punitive damages are intended to punish the wrongdoer and deter future similar conduct. Because of the preponderance of multimillion-dollar punitive damage jury verdicts in recent years, the United States Supreme Court has recently held that excessive punitive damages are a violation of the “cruel and unusual punishment” clause of the Constitution, and so may be reviewed in the federal court system and set aside even though the original lawsuit was brought in a state court system.

• Treble damages are allowed under many federal statutes rather than allowing the jury to calculate punitive damages.

• Damages received for personal bodily injury are not income and not taxable; other types of damages may be taxable depending on what they represent.

• Damages are recoverable for emotional distress. The addition of a claim for emotional dis- tress is often enough to trigger an insurance company defense of a lawsuit. Although there may not be insurance coverage for an award, it will pay for the lawyers.

References in periodicals archive ?
The taxpayer first argued that the damages she received should be excluded under section 104 because she suffered from physical manifestations of her emotional injury.
Schleier [(515 US at 323, 337 (1995)] said that to qualify for the exclusion, a taxpayer must establish that prosecution or settlement of an underlying claim is based on tort or tort-type rights, and that the receipt of damages is on account of personal physical injuries or physical sickness.
In the second New York appellate case, the general contractor was granted leave to amend its complaint to assert claims for delay damages, despite the inclusion of an exculpatory "no damage-for-delay" clause in the contract.
paid in settlement of the taxpayer's actual or potential liability for a fine or penalty (civil or criminal)"; it also states that compensatory damages do not constitute a fine or similar penalty.
The GAO recently released two reports showing a direct link to higher premiums in states without caps on noneconomic damages.
There's a great need for drugs that can protect against nerve damage," says Anthony Cerami of the Kenneth S.
neurovascular factors, leading to damage to the blood vessels that carry oxygen and nutrients to the nerves
Conley started to have the damage fixed, but discovered that his homeowner's insurance - like most policies - does not cover water damage and that the city assumes no responsibility for sewer lines under private property.
A liquidated damages provision can be a useful tool, as it saves a great deal of time and money by eliminating the need to prove the actual amount of loss if a dispute or lawsuit arises.
Prompt extinguishing of the fire substantially limited the damage to cargo and vessel, said Antonelli.
Until recently, many civil rights laws limited the amount of monetary damages recoverable.