Cameron Miranda
General damages are one of several types of damages a plaintiff may receive in a civil case. The term has different meanings in different areas of law. In contract law, general damages refer to the obvious and inevitable financial losses suffered as a result of a breach of contract. They are relatively easy to prove and calculate, as they are the direct result of a failure to fulfil the contract's terms. For example, if a contract is made for someone to fix a roof in exchange for $1,000 and the repairs are not carried out, the general damages owed would be $1,000.
| Characteristics | Values |
|---|---|
| Definition | General damages are one of several different kinds of damages or remedies a plaintiff could receive in a civil case. |
| Nature of losses | General damages compensate a plaintiff for intangible things—things that are truly felt but invisible and highly subjective. |
| Calculation | General damages are much more difficult to estimate than special damages because of their subjectivity. They are calculated using one or more formulas and depend on the unique circumstances of the case. |
| Examples | Loss of companionship, pain and suffering, emotional distress, and loss of earning power due to injuries. |
| Type of case | General damages are primarily part of personal injury cases. |
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What You'll Learn
General damages compensate plaintiffs for intangible losses
General damages are one of several types of damages a plaintiff may receive in a civil case. The term has different meanings in different legal contexts. In contract law, general damages refer to the obvious and inevitable financial losses suffered as a result of a breach of contract. For example, if a contract is breached where one party has been paid to perform a service but fails to do so, the general damages owed are the amount that was paid for that service.
However, the term general damages is primarily associated with personal injury cases, where they compensate plaintiffs for intangible losses resulting from the injury, such as pain and suffering, emotional distress, and loss of companionship. These losses are subjective and do not have a specific price tag, but they are very real harms that a person has suffered and continues to suffer from and for which they deserve compensation.
In personal injury cases, special damages refer to the economic losses suffered by the plaintiff, such as medical bills, property damage, and loss of wages or earning power. These are easier to calculate than general damages because they are based on the expenses incurred by the plaintiff.
In contract law, special damages refer to losses that occur as a natural consequence of the breach of contract but are specific to the plaintiff's situation and would not necessarily affect any other party to a similar contract. For example, if a contractor knew that a failure to fix a roof would result in the plaintiff being unable to host a paid event at their house, the money lost from that event might be awarded as special damages.
General damages are also awarded in tort cases, where a defendant has committed an act that caused harm to the plaintiff, such as physical injury, property damage, damage to reputation, or loss of enjoyment of a legal right.
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They are awarded for pain and suffering
General damages are one of several types of damages a plaintiff may receive in a civil case. The term has different meanings in different legal contexts. In contract law, general damages refer to the obvious and inevitable financial losses resulting from a breach of contract. For example, if a contract is breached when one party fails to provide promised services, general damages would compensate the plaintiff for the money they paid.
However, general damages can also compensate for intangible losses in personal injury cases, such as pain and suffering, emotional distress, and loss of companionship. These are harms that an individual has suffered and is suffering from and for which they deserve compensation. These losses are subjective and do not have a specific price tag, but they are very real and can significantly impact a person's life.
In personal injury cases, general damages are awarded for pain and suffering when the harm caused is intangible and cannot be easily quantified or compensated through special damages. Special damages, in contrast, cover economic losses with clear monetary values, such as medical bills, lost wages, and property damage. They are calculated based on the plaintiff's out-of-pocket expenses resulting from the defendant's negligence.
General damages for pain and suffering are determined by a judge or jury, who consider various intangible factors, including the plaintiff's likability and the credibility of expert witnesses. These damages are typically awarded in addition to special damages, reflecting the understanding that personal injuries can have far-reaching consequences beyond purely financial losses.
It is important to note that general damages for pain and suffering can vary significantly depending on the unique circumstances of each case. Experienced attorneys can help individuals navigate the complexities of proving and maximizing general damage compensation in personal injury cases.
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They are calculated using formulas
In contract law, general damages are calculated using formulas that consider the specific circumstances of the breach and the resulting losses. These calculations aim to compensate the non-breaching party and hold the breaching party accountable. Here are some key points to understand how general damages are calculated using formulas:
- Expected Losses: General damages in contract law typically refer to expected losses that are the direct and inevitable result of the breach of contract. These losses are considered obvious and naturally flowing from the breach. For example, if a contract is breached, the non-breaching party can claim the amount they initially paid or invested as general damages.
- Financial Losses: Compensatory damages, a type of general damage, aim to compensate the non-breaching party for their actual financial losses. The formula for calculating these damages involves assessing the past, future, and foreseeable financial losses incurred due to the breach. This includes incidental expenses, such as transportation costs for defective goods, and consequential damages, like lost profits or damaged reputation.
- Reliance Measure: In some cases, the reliance measure may be used to calculate general damages. This measure considers the amount spent by the claimant in preparing for the contract, regardless of whether the contract would have been profitable. For example, if a claimant spent a significant amount on resources and labour in anticipation of the contract, these expenses would be included in the calculation of general damages.
- Loss Quantification: Courts generally attempt to quantify the losses incurred, even if an exact amount cannot be determined. This involves evaluating the value of the claimant's interest in the contract. The formula for calculating these damages may consider factors such as the value of the contract, the potential profits, and any expenses incurred by the claimant.
- Special Circumstances: While not always applicable, special circumstances may influence the calculation of general damages. For example, if the breaching party was aware of specific circumstances that could lead to losses, these may be included in the formula for general damages. This could include lost profits from dependent contracts or additional expenses incurred to remedy the breach.
- Subjectivity: It's important to note that the calculation of general damages involves a degree of subjectivity. The credibility of expert witnesses, the demeanour of the plaintiff's lawyer, and the likability of the plaintiff can all impact the outcome. These intangible factors may influence the formula used and the final amount awarded in general damages.
In summary, the calculation of general damages in contract law involves a combination of financial analysis, legal principles, and subjective factors. The formulas used aim to compensate the non-breaching party for their losses and hold the breaching party accountable for their failure to fulfil their contractual obligations.
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They are distinct from special damages
In contract law, general damages refer to the compensation a plaintiff can receive in a civil case for losses that do not have a specific price tag. They are intangible and highly subjective, and they are also called non-economic damages. Pain and suffering, loss of consortium, and emotional trauma are some examples of general damages. On the other hand, special damages compensate a plaintiff for specific, tangible expenses resulting from a defendant's negligence. They are often easy to calculate because they are based on expenses that have already been incurred and can be proven with documentation. These include medical bills, lost wages, property damage, and the loss of irreplaceable items.
In a breach of contract claim, general damages are typically straightforward to prove and calculate because they are the obvious and inevitable result of a failure to fulfill the contract's terms. For example, if a contract is made for repairs to be made in exchange for payment, and the repairs are not carried out, the general damages would be the amount paid for the repairs.
Special damages in contract law, on the other hand, result from losses that occurred due to the plaintiff's specific situation, of which the defendant was aware. They are a natural consequence of the breach but may not affect all parties to a similar contract. For instance, if a contractor knew that a client would lose out on hosting a paid event at their house if the repairs were not completed, the lost income from the event may be awarded as special damages.
In personal injury cases, special damages reimburse the plaintiff for economic losses such as medical bills, lost wages, and property damage. These are out-of-pocket expenses that can be easily calculated by adding up the bills and lost income resulting from the injury. General damages in personal injury cases compensate for intangible harms that are more challenging to quantify, such as pain and suffering, mental anguish, and diminished quality of life. These damages are subjective and based on how the plaintiff feels.
In summary, general damages are distinct from special damages in that they compensate for intangible losses that do not have a specific monetary value, whereas special damages reimburse for tangible expenses with clear monetary values. General damages are often more challenging to calculate and are subject to interpretation, while special damages are typically more straightforward and based on documented expenses.
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They are easy to prove in contract law
General damages are one of several types of damages a plaintiff may receive in a civil case. They are compensatory damages, which means they are a monetary award given to the plaintiff by the defendant in a civil case. The plaintiff requests these damages to compensate for their losses, with the aim of being "made whole". This means being compensated enough to be put back in the position they would likely have been in if the defendant had not wronged them.
In contract law, general damages can be easy to prove and calculate. This is because they are the obvious and inevitable result of a failure to fulfil the contract's terms. For example, if Joe paid $1,000 for Amir to fix his roof, and Amir failed to make the repairs, Joe would be owed $1,000 in general damages. This is because the $1,000 loss was an obvious and direct result of Amir's breach of contract.
In contrast, special damages in contract law are losses that occurred due to the plaintiff's specific situation, of which the defendant was aware. These losses occur as a natural consequence of the breach of contract but wouldn't necessarily affect any other party in a similar situation. For example, if Amir knew that Joe was planning to host a paid event at his house but couldn't because of the unrepaired roof, Joe's lost earnings might be awarded as special damages.
General damages in personal injury cases are more challenging to prove and calculate than in contract law. This is because they compensate for intangible losses, such as pain and suffering, emotional distress, and loss of companionship. These losses are subjective and do not have specific prices attached, making them more difficult to value.
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Frequently asked questions
General damages are one of several types of damages or remedies a plaintiff could receive in a civil case. They are compensation for losses that don't have a specific price tag but still come from an injury caused by someone else's negligence.
General damages are estimated using one or more formulas and depend on the unique circumstances of the case. Expert witnesses are often brought in to help in ascertaining the damage.
Special damages are easier to calculate than general damages because the monetary value is based on the expenses the victim has incurred from the accident. Special damages pay for things like medical bills, loss of wages, and property damage.
In a breach of contract claim, general damages can be easy to prove and calculate because they are the obvious and inevitable result of a failure to fulfill the contract's terms. For example, if Joe paid $1,000 for Amir to fix his roof and Amir failed to do so, Joe would be owed $1,000 in general damages.
