Also known as: damages · damaging · harm · injury · loss
Written by attorneys · grounded in primary & secondary sources — see below
Loss or injury to person or property. Such harm may support a claim for compensation when it results from another's wrongful conduct.
Select any source to read its text and confirm it supports the definition.
Darrell Duncan contracted to buy land from Dixon Foods. After signing, a recorded lien appeared that the seller could not remove before closing. Duncan refused to proceed and sought rescission plus compensation for the harm caused by the defect.
Damian Decker was injured when his car left the road at a curve. After the crash the state installed a guardrail. At trial the defense offered the installation to show the curve had been safe. The court excluded the evidence when offered to prove prior negligence.
Diane Dawson, an elderly client, could no longer manage her finances and faced eviction. Her lawyer consulted adult protective services and petitioned for a conservator to prevent further loss to her assets.
Dominion Capital failed to deliver equipment on the date promised in a supply contract. The buyer proved only economic loss from the delay and could not recover punitive compensation because the breach involved no independent tort.
Duarte Shipping leased space that contained a known structural hazard. When a tenant suffered injury from the defect the landlord faced liability for the resulting loss under the lease terms.
Derek Douglas intentionally shoved Dolores Diaz during an argument, causing her to fall and bruise her arm. Although he did not intend the bruise itself, he remained liable for the resulting bodily harm because the contact was offensive.
Damage refers to the actual loss or injury suffered. Damages are the monetary award a court may order to compensate for that loss.
Supporting sources
A recorded lien or other defect that a reasonably prudent buyer would reject renders title unmarketable. The buyer may then refuse to close and recover compensation for resulting loss unless the contract provides otherwise.
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No. Subsequent remedial measures are inadmissible to prove negligence or a product defect, though they may be admitted for other limited purposes such as proving control.
Supporting sources
…of appeals are of various kinds and it is a settled principle that every right, when withheld, must have a remedy, and every injury its proper redress. There are some injuries which can only be redressed by a writ of mandamus and others by a writ of prohibition. There must then be a jurisdiction somewhere competent to…