Damages are monetary compensation awarded to an injured party in a civil lawsuit. There are several types of damages including special damages for specific losses, nominal damages for infringed rights with no actual loss, exemplary or punitive damages intended to punish defendants, and general damages for harms that cannot be itemized like pain and suffering. Equitable remedies in contracts may include specific performance to enforce a contract, injunctions to stop or compel an action, or recission to return parties to their pre-contract positions.

1. Civil Law Damages

2. DamagesWhat are damages?

3. DamagesWhat are damages?Special DamagesDamages which can be calculated specifically – i.e. Replacing damaged clothingNominal DamagesIf they cannot show an actual loss the court can award a small amount in recognition of infringed rightsExemplary Damages“Punitive Damages” damages intended to punish the defendantGeneral DamagesMatters that cannot be neatly itemised – i.e. Pain and suffering

4. DamagesEquitable RemediesSpecific PerformanceOnly used in contract law – order a contract is carried out as agreedInjunctionsInterlocutory injunctionFinal injunctionRecissionOnly in contract cases – return the parties as far as possible to their pre-contractual positionGeneral DamagesDocument should be altered to reflect the parties’ intention.

5. TestAnswer the following questions: