Damages FAQs:


Q: Are damages an award?

A: Yes, and typically of money, to be paid to a person as compensation for loss or injury.

Q: Are damages uncontroversial?

A: Yes, most particularly intellectual property rights and breach of fiduciary relationship.

Q: Are damages damages that have not yet occurred?

A: Yes, but the plaintiff expects them to.

Q: Are damages generally awarded only in claims brought by individuals?

A: Yes, when they have suffered personal harm.

Q: Are damages most likely to be considered to violate ordre public?

A: Yes.

Q: Are damages very small damages awarded to show that the loss or harm suffered was technical rather than actual?

A: Yes.

Q: Are damages an amount stipulated within the statute rather than calculated based on the degree of harm to the plaintiff?

A: Yes.

Q: Are damages subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant?

A: Yes.

Q: Are damages likely to be limited to those reasonably foreseeable by the defendant?

A: Yes.

Q: Are damages not often awarded?

A: Yes, they apply where the injury has been aggravated by the wrongdoer's behaviour, for example, their cruelty.

Q: Are damages much debated?

A: Yes, but is usually seen as based on denying a wrongdoer any profit from his wrongdoing.

Q: Are damages further categorized into special damages?

A: Yes, and which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are noneconomic damages such as pain and suffering and emotional distress.

Q: Are damages awarded only in special cases where conduct was egregiously invidious and are over and above the amount of compensatory damages?

A: Yes, such as in the event of malice or intent.

Q: Are damages used in contract law?

A: Yes.

Q: Are damages categorized into compensatory damages?

A: Yes, and punitive damages.

Q: Are damages £700?

A: Yes.

Q: Are damages paid to compensate the claimant for loss?

A: Yes, and injury, or harm suffered as a result of another's breach of duty.

Q: Are damages sometimes divided into incidental damages?

A: Yes, and consequential damages.

Q: Are damages £450?

A: Yes.

Q: Are damages limited to the circumstances set out by Lord Devlin in the leading case of Rookes v?

A: Yes, Barnard.