Damages

A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another, A sum of money assessed by a jury, on finding for the plaintiff or suceessful party in an action, a8 a compensation for the injury done him by the opposite party.

2 Bl. Comm. 438; Co. Litt, 2572, 2 Tidd, Pr. 869, 870.

Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called “damages.”

Civil Code Cal. § 3281; Civil Code Dak. § 1940.

In the ancient usage, the word “damages” was employed in two siguifications. According to Coke, its proper and general sense included the costs of suit, while its strict or relative sense was exclusive of costs. 10 Cole, 116, 117; Co. Litt. Damages are either general or special. Damages for losses which necessarily result from the wrong sued for are called “general” damages, and may be shown under the ad damnum, or general allegation of damage; for the defendant does not need notice of such consequences to enable him to make his defense; he knows that they must exist, and will be in evidence. But if certain losses do not necessarily result from defendant's wrongful act, but, in fact, follow it as a natural and proximate consequence in the particular case, they are called “special,” and must be specially alleged, that the defendant may have notice and be prepared tu go into the inquiry. 28 Conn. 201, 212. “General” damages are such as the law pre sumes to flow from any tortious act, and may be recovered without proof of any amount. “Special” damages are such as actually flowed from the act, and must be proved in order to be recovered. Code Ga. 1882, § 2070, Damages may also be classed as direct and consequential. “ Di-ect” damages are such as follow immediately upon the act done. “Consequential” damages are such as are the necessary and connected effect of the tortious act, though to some extent depending upon other circumstances.

Code Ga. 1882, § 3071.

Another division of damages is into ligzuidated and unliquidated; the former term being applicable when the amount thereof has been ascertained by the judgment in the action or by the specific agreement of the parties; while the latter denotes such damages as are not yet reduced to a certainty in respect of amount, nothing more being established than the plaintiff’s right to recover. Damages are also either nominad or substantial; theformer being triding in amount, and not awarded as coupensation for any injury, but merely in recognition of plaintiff's right and its technical infraction by defendant; while the latter are considerable in amount, and intended as real compensation for a real injury Damages are either compensatory or vindictive; the former when nothing more is allowed than a just and exact equivalent for plaintiif’s loss or injury; the latter when a greater Sum is given than amounts to mare compensation, in order to punish the defendant for violence, outrage, or other circumstances of aggravation attending the transac tion. Vindichive damages are also called “exemplary” or “punitive.”