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Legal Dictionary - Damages

Table of contents

1 definition

2 damages: an overview

3 menu of sources

3.1 Federal Material

3.1.1 Federal Statutes
3.1.2 Federal Court Rules and Judicial Decisions

3.2 State Material

3.2.1 Uniform Laws
3.2.2 State Statutes
3.2.3 State Judicial Decisions

3.3 Other References

3.3.1 Useful Offnet (or Subscription - $) Sources

4 other topics

definition

In tort law, a remedy in the form of monetary compensation to the harmed party.

damages: an overview

Damages, in a legal sense, is the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages : compensatory and punitive. (The term "damages" typically includes both categories, but the term, "actual damages" is synonymous with compensatory damages, and excludes punitive damages.)

Compensatory damages, like the name suggests, are intended to compensate the injured party for his loss or injury. Punitive damages are awarded to punish a wrongdoer. There are other modifying terms placed in front of the word damages like "liquidated damages," (contractually established damages) and "nominal damages" (where the court awards a nominal amount such as one dollar). For certain types of injuries statutes provide that successful parties should receive some multiple of their "actual damages" -- e.g., treble damages.

There are general principles governing what types of damages are awarded. It is generally recognized, for instance, that punitive damages are not available for breaches of contract except when it is proven that the breach was wanton, willful and deliberate.

menu of sources

Federal Material

Federal Statutes

U.S. Code:
- 15 U.S.C. §§ 15-15e - Restraint of Trade Suits
- 26 U.S.C. - Damages and Income Taxation
- 28 U.S.C. - Recovery of Damages Against the U.S. and Foreign States]
- 45 U.S.C., Chapter 2 - Railway Carriers

Federal Court Rules and Judicial Decisions

Federal Rules of Civil Procedure:

Rule 9(g) - Special Damages
Rule 54(c) - Judgment]

U.S. Supreme Court: Recent Decisions Dealing with Damages (http://supct.law.cornell.edu/supct/search/index.html?query=damages+and+(punitive+or+compensatory))
U.S. Circuit Courts of Appeals: Recent Decisions Dealing with Damages (http://www.law.cornell.edu/usca/search/index.html?query=damages+and+(punitive+or+compensatory))

State Material

Uniform Laws

7 U.C.C., Article 2, Part 7 (http://www.law.cornell.edu/ucc/2/overview.html#PART) - Remedies
Model Punitive Damages Act (Proposed) (http://www.law.upenn.edu/library/ulc/ulc.htm#mpda)

State Statutes

Article 2 of Uniform Commercial Code as Adopted by Particular States (http://www.law.cornell.edu/uniform/ucc.html#a2)

State Judicial Decisions

N.Y. Court of Appeals:

Damages Cases (http://www.law.cornell.edu/nyctap/search/index.html?query=damages+and+(punitive+or+compensatory)+not+liibulletin)
Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+damages+and+(punitive+or+compensatory))

Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

Other References

Useful Offnet (or Subscription - $) Sources

LII Downloads (http://www.law.cornell.edu/disk.html)

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