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Suit For Damages

The document discusses damages awarded for breach of contract. Damages are monetary compensation intended to place the injured party in the same position had the contract been fulfilled, not to punish the breaching party. Damages are categorized as compensatory, which cover economic and non-economic losses, or punitive, awarded in rare cases where compensatory damages are insufficient. Rules for damages include that they must naturally arise from the breach and compensate actual losses rather than punish. Different kinds of damages are also outlined.

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1K views3 pages

Suit For Damages

The document discusses damages awarded for breach of contract. Damages are monetary compensation intended to place the injured party in the same position had the contract been fulfilled, not to punish the breaching party. Damages are categorized as compensatory, which cover economic and non-economic losses, or punitive, awarded in rare cases where compensatory damages are insufficient. Rules for damages include that they must naturally arise from the breach and compensate actual losses rather than punish. Different kinds of damages are also outlined.

Uploaded by

shrey narula
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Suit for damages

A damage award is money ordered to be paid as


compensation for the injury or loss. They are a monetary
compensation allowed to the injured party for the loss or
injury suffered by him as a result of the breach of
contract.
The fundamental principle underlying damages is not
punishment but to compensate the aggrieved party for
the loss suffered by him in the original position as he
would have been.
At common law, damages are categorized into two:
Compensatory (or actual) damages, and Punitive
damages.
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 noneconomic damages such
as pain and suffering and emotional distress.
Punitive damages are often awarded where compulsory
damages are deemed an inadequate remedy.
Rules regarding damages
1.The damages must naturally arise in the usual course
of things from such breach i.e. the damages must be
the proximate or direct consequence of the breach
of contract.

2.The aggrieved party must have suffered damages by


breach of contract.

3.Damages are awarded to compensate the loss


caused by a party but not to punish the party at
default for the breach of contract.

4.Amount of damages can be decided at the time of


agreement by the mutual consent of both the
parties.
Kinds of damages
 General or ordinary damages
 Special damages
 Natural or consequential
 Remote damages
 Nominal damages
 exemplary or punitive damages
 prospective damages.

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