Definition

Damages (Ro.: daune-interese/despăgubiri, Gr.: αποζημίωση, Cz.: náhrada škody(See also:compensation, indemnity, remedy) = Sum of money, awarded by court, representing compensation to which one party is entitled after suffering a loss, detriment, injury or any kind of harm after another party’s omission, fault, negligence or any kind of wrongdoing. The term defines both the remedy for the breach of contract and the compensation that results from a tort claim( in common law) or delict (roman concept used in civil law referring to unlawful human conduct resulting in violation of a right of another)

Compensatory ~ damages meant to repair the loss resulted from the unlawful conduct, and nothing more.

Punitive ~ also known as exemplary damages, they can be cumulated with compensatory damages and are awarded not for compensation but for reforming and preventing similar actions to occur.

Aggravated ~ (compensatory damages awarded for non-pecuniary losses (usually mental distress)

Nominal ~ (as opposed to substantial) Damages awarded to the plaintiff showing that his/her rights were infringed, but did not suffer any real or substantial loss

General ~ damages awarded for injuries or breach of contract in cases which the loss cannot be exactly evaluated

Liquidated ~ (as opposed to unliquidated) Sum of money representing total damages, stipulated and agreed-to, to which a party is entitled after a breach of contract

 

Useful links

Legislation

http://lawcommission.justice.gov.uk/docs/lc247_aggravated_exemplary_and_restitutionary_damages.pdf - Document representing part of the UK government law reform

http://ec.europa.eu/justice/policies/civil/docs/dcfr_outline_edition_en.pdf - DCFR- book III section 7 damages resulting from breach of contract

http://www.xprimm.ro/download/cna-2013/Ulrich-WERWIGK.pdf - European legal comparison between moral damages

http://www.legislation.gov.uk/ukdsi/2013/9780111533444 - Damages-based agreements

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.41.htm - Texas Civil Practice and Remedies Code

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181750/damages-act1996-discount-rate-consultation.pdf  - Scottish Damages Act 1996: The Discount rate

http://www.pontes.ro/ro/legislatie/noul-cod-civil.pdf Romanian Civil Code on damages (articles 1530-1548)

http://www.biicl.org/damages/ - Damages in public international law (British website)

http://www.legiscompare.fr/site-web/IMG/pdf/16._CH_8_Damages.pdf  - Study on damages comparing French and English meanings 

Publications

http://www.harvardlawreview.org/issues/125/may12/Symposium_9268.php  - Harvard Law review on damages

http://ojls.oxfordjournals.org/content/28/1/73.full.pdf?keytype=ref&ijkey=98SbjX7qKnm2BTS - Damages for Breach of Contract, Oxford Journal of Legal Studies

http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2449&context=facpubs - Damages for Breach of Contract, Berkeley

http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2449&context=facpubs - Damages for Breach of Contract, Berkeley

 

By Alexandru Coraș