Also known as: damage remedy · damages remedy · damages · legal remedies · compensatory damages
Written by attorneys · grounded in primary & secondary sources — see below
A category of judicial remedies that award monetary compensation to redress loss or injury. The award requires proof that the plaintiff suffered harm of a kind the law recognizes as compensable. Damages may be recovered for breach of contract, tort, or other violations when the governing rule authorizes monetary relief instead of or in addition to equitable or declaratory remedies.
Select any source to read its text and confirm it supports the definition.
Destiny Davis contracted to buy land from Daniel Diaz. At closing Diaz tendered a deed subject to an unreleased lien that a prudent purchaser would reject. Davis refused to close and sued for damages measured by the difference between the contract price and the market value of the property with clear title.
Danielle Dixon sued Drake Logistics for personal injury. In her initial disclosures Dixon supplied a detailed calculation of medical expenses, lost wages, and pain-and-suffering damages together with the underlying medical bills and employment records supporting each figure.
Dustin Donovan, an officer of Dynamic Solutions, presented a business opportunity to the board. After qualified directors disclaimed the corporation's interest, Donovan pursued the opportunity personally. Shareholders later sued for damages. The claim failed because the disclaimer satisfied the statutory safe harbor.
Diane Dawson contracted with Dover Bank to supply software over three years. The bank repudiated after the first delivery, substantially impairing the contract's value. Dawson recovered damages based on all remaining payments she would have received had the contract been performed in full.
David Dawson leased commercial space from Duarte Shipping. The landlord failed to maintain the HVAC system, rendering the premises unsuitable. Dawson remained in possession and recovered damages measured by the diminution in rental value caused by the breach.
Destiny Davis was injured when a delivery truck owned by Drake Logistics struck her vehicle. She proved the driver was negligent and that the collision caused medical expenses and lost income. The jury awarded damages for those proven losses.
A buyer may recover damages when the seller cannot convey marketable title at closing and the contract does not otherwise limit the remedy. The buyer must show the title defect was not cured and that the buyer suffered a compensable loss measured by the difference between contract price and market value of the property with clear title.
A party must disclose a computation of each category of damages claimed and make available the documents supporting that computation. The disclosure includes materials bearing on the nature and extent of injuries suffered so the opposing party can evaluate the claim.
…for the first time the extent to which the constitutional protections for speech and press limit a State's power to award damages in a libel action brought by a public official against critics of his official conduct. Respondent L. B. Sullivan is one of the three elected Commissioners of the City of Montgomery,…
…and were unable to employ their workmen, to whom they were compelled to pay wages during that period; they thus suffered damages to the amount claimed of £300. The defendants pleaded non assumpsit to the first count; and to the second count they pleaded payment of £25 into Court in satisfaction of the plaintiffs'…
…constitutional rights." Brief for Respondents 19, 24. While this "essentiality" test is most clearly articulated with respect to
…action brought by the Government may be collaterally estopped from relitigating the same issues in a subsequent action for damages brought by a private plaintiff. The respondent, Leo Shore, brought this stockholder’s class action against the petitioners, Parklane Hosiery Company, Inc., and 11 of its officers and…
…a qualified immunity defense for high executives reflected an attempt to balance competing values: not only the importance of a damages remedy to protect the rights of citizens, 438 U. S., at 504-505, but also "the need to protect officials who are required to exercise their discretion and the related public interest in…
Damages are unavailable if the officer first presented the opportunity to the corporation and qualified directors properly disclaimed the corporation's interest. The safe harbor prevents liability even though the officer later pursued the opportunity personally.
A breach by non-performance supports total-breach damages only when it substantially impairs the contract's value to the injured party at the time of breach and justice requires allowing recovery based on all remaining rights to performance.
A tenant who affirms the lease may recover damages measured by the extent the unsuitable condition reduced the rental value of the premises. The tenant may also use rent to cure the condition under related provisions.
The plaintiff must establish that the defendant failed to conform to the standard of conduct, that the failure legally caused harm, and that the plaintiff in fact suffered harm of a kind the law treats as compensable by damages.