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Special damages can include direct losses (such as amounts the claimant had to spend to try to mitigate damages) [15] and consequential or economic losses resulting from lost profits in a business. Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. [16]
Special damage examples include lost wages, medical bills, and damage to property such as one's car. General damages – these are damages that are not quantified in monetary terms (e.g., there's no invoice or receipt as there would be to prove special damages). A general damage example is an amount for the pain and suffering one experiences ...
Thus, there are several limits in place on the recovery of pure economic loss, with some categories of economic loss being totally unrecoverable altogether. Those affected by damage caused to the property of another company or individual, or who suffer loss due to the purchase of a defective product, for example, cannot ordinarily recover any ...
Article 1465 makes the general provision that the custodian of a thing or object (bien) is liable for any damage caused by it, [129] while article 1466 provides that the owner of an animal is liable for damage or injury caused by it even if it had escaped from their custody at the time of the incident.
Damage "does not necessarily imply total loss of system functionality, but rather that the system is no longer operating in its optimal manner". [1] Damage to physical objects is "the progressive physical process by which they break", [2]: 1. and includes mechanical stress that weakens a structure, even if this is not visible. [2]: ix.
Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types of damages under English law, and still others that have their validity subject to ongoing debate: Injured feelings and disappointment; Injured reputation; Speculative damages; Liquidated damages and penalty; Quantum meruit [4]
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
In Australia, punitive damages are not available for breach of contract, [5] but are possible for tort cases.. The law is less settled regarding equitable wrongs. In Harris v Digital Pulse Pty Ltd, [6] the defendant employees knowingly breached contractual and fiduciary duties to their employer by diverting business to themselves and misusing its confidential information.