civilEnglish origin

Damages

A monetary award by a court to compensate a claimant for loss or injury caused by the defendant's wrongful act.

Full Definition

Damages are the monetary remedy in civil law for loss caused by another's wrongful act. Types: (1) compensatory � to restore the claimant to the pre-tort position; (2) nominal � where no actual loss but a right was infringed; (3) aggravated � where defendant's conduct was high-handed; (4) punitive/exemplary � to punish and deter (rare in India). In contract, damages are limited to foreseeable loss (Hadley v. Baxendale rule).

In Indian Law

Sections 73-74 of the Indian Contract Act 1872 govern contractual damages. Section 73: compensation for any loss naturally arising from breach. Section 74: liquidated damages. In tort, damages are compensatory � the claimant must prove actual loss. The Supreme Court in the Bhopal Gas case awarded both compensatory and exemplary damages for mass torts. Motor accident compensation is governed by the Motor Vehicles Act 1988 with structured awards under Section 163A.

Quick Facts

LetterD
Categorycivil
OriginEnglish