what are special damages
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Search Legal Terms and Definitions special damages. n. damages claimed and/or awarded in a lawsuit which were out-of-pocket costs directly as the result of the breach of contract, negligence, or other wrongful act by the defendant. Special damages can include medical bills, repairs and replacement of property, loss of wages, and other damages which are not speculative or subjective.
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Special Damages In such cases, special damages are easy to calculate; however, determining amounts to award for future lost wages or expected medical expenses due to an injury the defendant caused becomes a bit more complex.
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THE CALIFORNIA EMINENT DOMAIN HANDBOOK Often, the government needs only a portion of a particular property, such as a strip of land needed for street widening. In those cases, just compensation is determined not only by the value of the part taken, but also by the damage to the remaining property. Such damages are called severance damages, i.e., damages caused by severance of the remainder from the part taken.
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Compensatory Damages Definition of Compensatory Damages. An award of money in compensation for actual economic loss, property damage, or injury, not including punitive damages.
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- Define punitive damages: damages awarded in excess of compensation to the plaintiff to punish a defendant for a serious wrong damages awarded in excess of compensation to the plaintiff to punish a defendant for a serious wrong…
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damages damages. Compensation for causing loss or injury through negligence or a deliberate act, or a court's estimate or award of a sum as a fine for breach of a contract or of a statutory duty.
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Protect Your Rights Damages 2. Back pay and benefits are among the types of damages most typically awarded in successful employment cases. Back pay includes all of the wages, salary, bonuses, commissions, and benefits lost because of an unlawful dismissal or discrimination, minus any amount the employee was able to earn in the interim.
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- (8) Compensatory damages means economic and noneconomic damages. The term does not include exemplary damages. (9) Future damages means damages that are incurred after the date of the judgment. Future damages do not include exemplary damages.
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Glossary of Legal Terms special term: a court part set aside to hear specific types of cases. special verdict: a special finding of the facts of a case by a jury leaving to the court the application of the law to the facts thus found
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- Pasta will not keep as long as rice, but it can stay for around 5 years in good conditions. Pasta is also very inexpensive and extra should be bought at each trip to the store. It will take up more space in your food bank than rice, beans and cornmeal, so plan your space the best you can.
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Damages In tort law, a remedy in the form of monetary compensation to the harmed party. Damages: An Overview. Damages, in a legal sense, is the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages: compensatory and punitive. Compensatory damages, like the name suggests, are intended to compensate the injured party for his loss or injury.
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What Is 'Specific Performance' as a Legal Remedy? Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.
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Damages Statutory damages are an amount stipulated within the statute rather than calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine the value of the harm to the victim.
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MASSACHUSETTS AUTO ACCIDENT LAW General damages include things like pain and suffering, which means discomfort and physical pain, but also emotional distress, anxiety, and stress that is linked to the accident and your injuries. In a personal injury case, the compensation awarded to a winning plaintiff after a trial is based on these types of damages.
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Damages In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury.[1] The rules for damages can and frequently do vary based on the type of claim which is presented (e.g., breach of contract versus a tort claim) and the jurisdiction.
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- S's damages are the difference in value between the contract price and the FMV of the property at the TIME OF THE BREACH. Can't take advantage of future value increase. Damages could be zero. BUT, parties are free to alter/limit the rules for damages and to allocate them differently.
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- Special form coverage protects property against any source of loss that is not specifically excluded. Under named peril coverage, the policyholder may have to prove that a loss was caused by a listed peril. With special form coverage, the burden is on the insurance company. The latter can only deny a claim by proving that the source of loss is ineligible for coverage. A special form policy is usually best as it offers more coverage than a named peril policy. A battery was left on a hardwood floor.
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Ending the Confusion: Economic, Non-Economic, and Punitive Damages Definitions. Economic damages refers to compensation for objectively verifiable monetary losses such as past and future medical expenses, loss of past and future earnings, loss of use of property, costs of repair or replacement, the economic value of domestic services, and loss of employment or business opportunities.
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Consequential damages Consequential damages. Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation. They go beyond the contract itself and into the actions garnished from the failure to fulfill.
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Damages Damages: An Overview. Damages, in a legal sense, is the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages: compensatory and punitive. (The term damages typically includes both categories, but the term, actual damages is synonymous with compensatory damages, and excludes punitive damages.) Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury.
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- ￭Under German law special or consequential damages, as defined in the US context, will not be compensated, but consequential damages are considered as direct damages
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Overview Special tax law provisions may help taxpayers and businesses recover financially from the impact of a disaster, especially when the federal government declares their location to be a major disaster area. Depending on the circumstances, the IRS may grant additional time to file returns and pay taxes.
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Compensatory Damages Compensatory damages are further broken down into “special damages,” and “general damages.” While special damages cover economic losses, damage to personal and real property, and medical expenses, general damages offer compensation for non-economic, non-tangible issues such as pain and suffering, and emotional distress.
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Special Pleading Special Pleading. Special Pleading. This is the fallacy of asking to be given an exemption to a rule that others are held to. It's typically used as an excuse for special treatment others don't receive, or to win arguments by claiming to have special insights others don't have.
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Compensatory Damages Special Damages. Designed to return a party in a civil lawsuit to the position they were in prior to an accident or injury, special damages include an order for money to be paid to cover medical expenses, damage to personal or real property, and possibly loss of earnings. Special damages are awarded on determinable dollar amounts of the actual loss.