Actual Damages - Law Dictionary Search Results

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Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202).The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrongdoing of another, (b) reparation awarded to the injured through legal remedies, and (c) its quantum being determined by t...

Liquidated damages

Liquidated damages, the amount agreed upon by a party to a contract to be paid as compensation for the breach of it, and intended to be recovered, whether the actual damages sustained by the breach be more or less, in contradistinction to a penalty; which is only the maximum amount agreed to be paid, and is intended to be reducible in proportion to the actual damage sustained. See Kemble v. Farren, (1829) 6 Bing 141; Lord Elphinstone v. Monkland Iron Co., (1886) 11 App Cas 332; Diestel v. Stevenson, (1906) 2 KB 345. See DAMAGES; PENALTY....

damage

damage [Old French, from dam injury, harm, from Latin damnum financial loss, fine] 1 : loss or harm resulting from injury to person, property, or reputation 2 pl : the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages may be awarded for a single injury. actual damages : damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered called also compensatory damages consequential damages : special damages in this entry direct damages : damages for a loss that is an immediate, natural, and foreseeable result of the wrongful act compare special damages in this entry ex·em·pla·ry damages [ig-zem-plə-r...

Damage

Damage, Any loss, whether actionable as an injury or not. See DAMNUM ABSQUE INJURIA.The expression 'damage' is not necessarily confined to physical damage. Ordinarily damage is caused by physical contact of the ship, such as in collision. But damage can also be caused to property by breach of contract or acts of commission or omission on the part of the carrier or his agents or servants by reason of the negligent operation and management of the vessel, as, for example, when cargo is damaged by exposure to weather or by negligent stowage, or, by the misconduct of those in charge of the ship, like when cargo is disposed of contrary to the instructions of the owner or by reason of theft and other misdeeds. In all these cases, damage arises by reason of loss caused by what is done by the ship or by the breach, negligence or misdeeds of those in charge of the ship. It must however be noticed that the expression 'damage done by any ship' has been construed by the English Courts as not to app...

bond

bond 1 a : a usually formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum of money or will result in the forfeiture of money put up by the person or surety ;also : the money put up NOTE: The purpose of a bond is to provide an incentive for the fulfillment of an obligation. It also provides reassurance that the obligation will be fulfilled and that compensation is available if it is not fulfilled. In most cases a surety is involved, and the bond makes the surety responsible for the consequences of the obligated person's behavior. Some bonds, such as fidelity bonds, function as insurance agreements, in which the surety promises to pay for financial loss caused by the bad behavior of an obligated person or by some contingency over w...

compensatory damages

compensatory damages : actual damages at damage ...

penalty clause

penalty clause 1 : a clause (as in a contract) that calls for a penalty to be paid or suffered by a party under specified terms (as in the event of a breach) and that is usually unenforceable NOTE: A penalty clause differs from a liquidated damages clause by not being tied to an estimate of possible actual damages. 2 : a clause in a statute or judgment that sets forth a penalty for a specific act or omission (as failure to make a support payment on time) ...

Pasture

Pasture, land on which cattle feed. See Norton on Deeds.The laying down permanent pasture with the written consent of the landlord is an improvement for which a tenant is entitled to compensation on quitting by the (English) Agricultural Holdings Act, 1923; and so is, though without any consent or notice, laying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than two years before the termination of the tenancy. See AGRICULTURAL HOLDINGS ACT.Breaking up pasture is frequently prohibited by penal rents and otherwise in agricultural leases, and s. 29 of the (English) Agricultural Holdings Act, 1923, which restricts penal rents to the actual damage done, excepts 'breaking up permanent pasture,' amongst other things, from its operation. See Rush v. Lucas, (1910) 1 Ch 437, and Aggs on Agricultural Holdings....

penalty

penalty pl: -ties 1 : a punishment that is imposed on a wrongdoer by statute or judicial decision 2 : a pecuniary sum that by agreement is to be paid by a party who fails to fulfill an obligation to another and that is punitive rather than compensatory [the court declined to enforce the contractual and determined actual damages instead] ...

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