What Are the Three 3 Types of Civil Damages?

What Are the Three 3 Types of Civil Damages?

When someone’s actions cause another person to suffer financial, physical, or psychological harm, the injured party may be eligible for civil damages. Civil damages are a form of legal remuneration that can be claimed in civil court as a result of another’s wrongdoing. These damages are intended to compensate the victim for any losses or injuries they have suffered. In the UK, three types of civil damages are commonly awarded. These include:

Expectation Damages

Expectation damages are typically awarded to compensate a victim for the amount of money they would have received or goods/services they would have enjoyed if the wrongdoer had not breached their contractual obligations.

Whether or not a claimant can get compensated for lost profits will be decided based on the breach that occurred. There are two different types of ‘expectation damages’:

  • Normal/direct damages (General damages): These damages aim to put the victim into a position that they would have been in had the breach not occurred. These are awarded when it is proven that the breach caused a loss to the victim, and it is easy to quantify this loss.
  • Special/indirect damages (consequential damages):Special damages are awarded when it is proven that the breach caused a loss to the victim, and it is difficult to quantify this loss. Generally, special damages are awarded when claimants can demonstrate that they would have made a profit had the breach not occurred.

Performance Damages

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Performance damages are a type of civil remedy that is awarded to the victim when an individual or business fails to fulfil their contractual obligations. These damages prevent the wrongdoer from benefiting financially from their breach and aim to compensate the victim for any losses that were suffered. Performance damages can be awarded instead of expectation damages if the breach of contract is deemed to be ‘substantial’. This type of damage is granted when an award of monetary damages cannot adequately remedy the breach or when the performance of the contract is unique.

Reliance or ‘Wasted Expenditures’ Damages

Reliance or ‘wasted expenditures’ damages are awarded when a victim has incurred financial losses as a result of relying on the wrongdoer’s wrongful assurance or promise. These damages are intended to compensate the victim for any financial losses that were suffered due to their reliance on the representation made by the defendant. This type of damage is generally calculated by calculating the ‘benefit of the bargain,’ meaning that these damages will cover the victim’s losses, as well as any benefit they may have gained from their reliance on the wrongdoer’s promise.

These three types of damages are designed to make victims’ whole’ again, allowing them to recoup the losses or injuries they have suffered. Depending on the case and the nature of the damages sought, You must hire a lawyer to get a civil recovery and property freezing order. who can help you understand your legal rights and seek the maximum amount of compensation. It is important to know that a court’s decision in awarding damages may be based on the facts of your case, as well as previous cases of similar nature.

In some cases, additional types of damages may be awarded to victims in civil court proceedings. These include punitive damages, nominal damages, and attorney’s fees. Punitive damages are awarded to punish the wrongdoer for their illegal behaviour, while nominal damages are awarded when the victim has suffered a minor injury but no financial loss. Attorney’s fees are also able to be recovered from the wrongdoer, if it is proven that legal fees were incurred as a result of their breach of contract.

Steffy Alen

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