Damages in Torts under Torts Law
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Damages in Torts
Damages are monetary compensation awarded to a plaintiff who has suffered harm due to a defendant’s wrongful conduct (a tort). The purpose is to make the injured party whole, as much as possible, through financial remedy.
Types of Damages in Torts
1. Compensatory Damages
Purpose: To compensate the plaintiff for actual losses suffered.
Two categories:
a. Special Damages (Economic Damages)
Quantifiable monetary losses.
Examples: Medical bills, lost wages, property damage, repair costs.
Non-monetary losses that are harder to quantify.
Examples: Pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life.
2. Nominal Damages
Small amount of money awarded when the plaintiff proves a tort occurred but no actual harm or loss is shown.
Purpose: To recognize a legal wrong even if no real damage.
3. Punitive (Exemplary) Damages
Purpose: To punish the defendant for particularly egregious, willful, or malicious conduct and to deter similar future behavior.
Not awarded in every case; typically requires conduct that is intentional, reckless, or grossly negligent.
Awarded in addition to compensatory damages.
4. Restitutionary Damages
Designed to prevent the defendant from being unjustly enriched.
Requires the defendant to give up benefits gained unfairly.
Less common in torts; more typical in contract or equity cases.
Principles Governing Tort Damages
Causation: Damages must be caused by the defendant’s tortious act.
Foreseeability: Damages must be a foreseeable consequence of the tort.
Mitigation: Plaintiff has a duty to take reasonable steps to minimize damages.
Avoidance of Double Recovery: Plaintiff cannot recover the same damages from multiple sources.
Present Value: Future damages are often discounted to their present value.
Examples of Damages in Common Torts
| Tort | Typical Damages Awarded |
|---|---|
| Negligence | Medical expenses, lost wages, pain and suffering, property damage |
| Battery | Medical costs, pain and suffering, punitive damages (if intentional) |
| Defamation | Injury to reputation, emotional distress, sometimes punitive damages |
| Fraud | Actual economic loss plus punitive damages |
| Nuisance | Property damage, loss of use/enjoyment, sometimes injunctive relief |
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