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Damages in tort are quantified under two headings: general damages and special damages. In personal injury claims, damages for compensation are quantified by reference to the severity of the injuries sustained (see below general damages for more details).
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.
Punitive damages are entirely unavailable under any circumstances in a few jurisdictions, including Nebraska, Puerto Rico, and Washington. The general rule is that punitive damages cannot be awarded for breach of contract, but if an independent tort is committed in a contractual setting, punitive damages can be awarded for the tort. [25]
Damages for breach of contract is a common law remedy, available as of right. [1] It is designed to compensate the victim for their actual loss as a result of the wrongdoer’s breach rather than to punish the wrongdoer. If no loss has been occasioned by the plaintiff, only nominal damages will be awarded.
Liquidated damages, also referred to as liquidated and ascertained damages (LADs), [1] are damages whose amount the parties designate during the formation of a contract [2] for the injured party to collect as compensation upon a specific breach (e.g., late performance). [3] This is most applicable where the damages are intangible.
"Collateral damage" is a term for any incidental and undesired death, injury or other damage inflicted, especially on civilians, as the result of an activity. Originally coined to describe military operations, [ 1 ] it is now also used in non-military contexts to refer to negative unintended consequences of an action.
Statutory damages are a damage award in civil law, in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of the loss suffered by the victim.
Property damage (sometimes called damage to property), is the damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or an act of nature. Destruction of property (sometimes called property destruction , or criminal damage in England and Wales ) is a sub-type of property damage that involves ...