Also known as:pecuniary losses · monetary loss · financial loss
Written by attorneys · grounded in primary & secondary sources — see below
A financial detriment or economic harm measured in monetary terms. It encompasses lost earnings, out-of-pocket expenses, diminished property value, and other calculable losses that flow from a wrongful act.
Sources & Authorities
How it applies
Common Examples
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Fraudulent Misrepresentation Induces Investment
Penelope Price relied on a seller's false statement that a commercial property generated steady rental income. She purchased the building and later discovered the income figures were fabricated. The reliance caused her to overpay and incur ongoing maintenance costs exceeding the property's actual value.
Injurious Falsehood Causes Lost Sales
Premier Manufacturing published a report falsely claiming that Pulse Media's new software contained security flaws. Several clients canceled contracts after reading the report. Pulse Media documented the canceled deals and the resulting drop in quarterly revenue.
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Cases
Statutes
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Casebooks
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Dictionaries
Precision Tools circulated a false statement that a competitor's equipment failed safety tests. A major buyer withdrew a pending order after receiving the statement. The competitor recorded the lost sale and associated production costs as direct financial harm.
Defamatory Statement Produces Special Damages
Patricia Patel's business lost a key supplier contract after a newspaper article falsely accused her of financial misconduct. She documented the canceled orders and the resulting decline in gross receipts. The measurable revenue drop constituted the required pecuniary harm.
Negligent Audit Causes Investor Harm
Pablo Perez purchased securities in reliance on an audit report that omitted material internal-control weaknesses. When the issuer collapsed, Perez sold the shares at a substantial loss. The drop in portfolio value traced directly to the misleading financial statements.
Credit Report Triggers Lost Financing
Parker Phillips was denied a construction loan after a credit agency issued an erroneous report labeling his firm as high-risk. The denial forced him to forgo a profitable project and pay higher interest on alternative financing. The increased borrowing costs and missed opportunity quantified the resulting economic injury.
Common questions
Frequently Asked
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What distinguishes pecuniary loss from non-pecuniary harm in tort damages?+
Pecuniary loss consists of calculable economic harms such as lost earnings, expenses, and diminished value. Non-pecuniary harms include emotional distress, loss of society, and mental anguish. Wrongful-death statutes and commercial-disparagement claims often require proof of the former while excluding the latter.
Must a plaintiff prove pecuniary loss to recover in a commercial-disparagement action?+
Yes. The publisher of an injurious falsehood is liable only for pecuniary loss resulting from the publication. A plaintiff must establish a direct causal connection between the false statement and an identifiable economic detriment such as lost sales or increased costs.
How is pecuniary loss measured in wrongful-death actions?+
Courts calculate the present value of support, contributions, and services the decedent would have provided. This includes future earnings minus personal consumption and the economic value of household services such as childcare and maintenance.
Does a bare statutory violation without financial harm satisfy the pecuniary-loss element?+
No. A plaintiff must show actual economic detriment traceable to the defendant's conduct. Mere exposure to risk or procedural violations without realized monetary loss do not meet the requirement.
Can emotional distress alone support recovery when pecuniary loss is required?+
No. When a claim demands proof of pecuniary loss, standalone emotional harm is insufficient. The plaintiff must demonstrate concrete financial consequences such as medical expenses or lost wages flowing from the conduct.
418 U.S. 323, 94 S. Ct. 2997, 41 L. Ed. 2d 789 (1974)Torts
…general damage to reputation was presumed and damages could be awarded by the jury, along with any special damages such as pecuniary loss and emotional distress. At the very least, the rule allowed the recovery of nominal damages for any defamatory publication actionable per se and thus performed "a vindicatory function…