general damages


Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia, Wikipedia.
Related to general damages: nominal damages, exemplary damages, Special damages

general damages

n. monetary recovery (money won) in a lawsuit for injuries suffered (such as pain, suffering, inability to perform certain functions) or breach of contract for which there is no exact dollar value which can be calculated. They are distinguished from special damages which are for specific costs, and from punitive (exemplary) damages for punishment and to set an example when malice, intent, or gross negligence was a factor. (See: damages)

general damages

in English law, that damage that is assumed to flow from torts actionable per se, like loss of reputation in a libel action, and that thus need not be specially pled. This is in opposition to special damage, which is damage that requires to be proved where it is essential to the tort, as in negligence actions. There is a secondary sense of using these two terms. Special damages can mean ‘specific easily identified and specified losses’, and general damages, ‘an unquantified sum in respect of imponderables’.
References in periodicals archive ?
Member Jude Ike Udunni said it was inclined to award general damages against the 1st Defendant because the Applicant suffered some losses and hardship as a result of the conduct of the company.
Although corporate defamation plaintiffs need not prove actual loss in order to recover general damages (consistent with the rule that damages are presumed), Canadian courts have held that general damages awards should be small unless actual loss to reputation is proven.
Restaurant Brands sought to recover $3,000 in general damages from Bond saying that the thefts could have been as high as $100,000 taken by Bond and other employees overtime.
Obviously, this leaves a very wide range of possibilities in an award of damages, with the defense attorney arguing how to minimize the general damages and the plaintiff's attorney crafting arguments to maximize the award.
BI payments for general damages vary widely and do not obey anecdotal rules of thumb (such as that they are "three times" special damages).
First, the Court held that the Minor Injury Cap draws a distinction between an automobile accident injury victim who is entitled to recover the full value of general damages and an automobile accident injury victim who is limited to a recovery amount of $4000;
2) The alarm sounded over general damages awards is in part attributable to the sheer size of these awards.
Reasonable persons frequently disagree about the measure of general damages in a particular case.
Awards could include back pay, general damages and attorney fees and costs.
The Court of Appeal reduced the general damages, awarded in the High Court in 1995, from pounds 100,000 to pounds 40,000.
The failure of a public relations woman to demand a retraction after a television station had falsely identified her as a prostitute voids her right to collect general damages but not special damages, a California appeals court ruled recently.

Full browser ?