Damages

The indemnity recoverable by a person who has sustained an injury, either in his person, property, or relative rights, through the act or default of another. The sum claimed as such indemnity by a plaintiff in his declaration. The injury or loss for which compensation is sought. The sums allowed by law for tortious injury or losses from breach of contract.

1 Suth. Dam. 3.

In Modern Law. The term Is not used in a legal sense to include the costs of suit, though it was formerly so used.

Co. Litt. 267a; Doug. 751.

Damages are either direct or consequential. (1) Direct are those which result immediately from the act complained of. (2) Consequential are more remote consequences of such act. See "Consequential Damages." Compensatory or exemplary; the latter being also called "punitive" or "vindictive." (3) Compensatory damages are those allowed as recompense for the injury suffered. (4) Exemplary damages are those allowed as a punishment for torts committed with fraud or actual malice. See "Exemplary Damages." General or special. (5) General damages are those necessarily and by implication of law resulting from the act or default complained of. (6) Special damages are those arising directly, but not necessarily or by implication of law. Liquidated or unliquidated. (7) Liquidated damages are those whose amount has been determined by_ anticipatory agreement between the parties. (8) Unliquidated damages are those not so fixed, but determined after they have resulted. Substantial or nominal. (9) Substantial damages are those allowed as actual compensation. (10) Nominal damages are a trifling sum allowed where an infraction of a right is shown, but no resultant damage is proved.

See Nominal Damages.