Damages
| Part of the common law series |
| Tort law |
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| (Outline) |
| Trespass to the person |
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| Property torts |
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| Dignitary torts |
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| Negligent torts |
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| Principles of negligence |
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| Strict and absolute liability |
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| Nuisance |
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| Economic torts |
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| Defences |
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| Liability |
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| Legal remedy |
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| Other topics in tort law |
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| By jurisdiction |
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| Other common law areas |
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At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury.[1] To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages.[2]
Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory,[3] at common law damages may instead be nominal, contemptuous or exemplary.[4]
- ^ International principle: Trans-Lex.org, Garner, p.416
- ^ See, e.g., Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27; Electrochrome v Welsh Plastics [1968] 2 All ER 205,, and British Celanese v Hunt [1969] 1 WLR 959
- ^ "Actual Damages". Wex. Cornell Law School. Retrieved 19 September 2017.
- ^ "Punitive Damages". Wex. Cornell Law School. Retrieved 19 September 2017.