Tuesday, May 3, 2011

Damages

Damages is the amount of money allowed by a court as compensation for the violation of a duty or the commission of a tort. Damages are usually granted as law only to a plaintiff or a counter claiming defendant, and generally only if they are expressly asked for.  In almost no instances will greater damages be granted than are asked for.  In equity, however, the assessment and amount of damages, where the court has power to grant them are wholly within the discretion of the court.

Exemplary or punitive damages are damages allowed by the court beyond the amount necessary for compensation, as a means of punishing the defendant, or making an example of him. It is allowed only in cases of such injury.  In some cases when  a transaction is forbidden by statute, special provision is made enabling the plaintiff to recover some multiple of the damages actually sustained.  In the case of usury treble damages are often allowed.  The same is the case for violation of certain regulatory statutes, like those forbidding restraint of trade, or setting up commissions for rent or sales control.

Norminal damages are damages awarded to the plaintiff where the wrong done resulted in only trifling injury.

It is the duty of the person injured to make an effort to minimize the damages as much as possible.

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