general damages


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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 ?
Human plaintiffs may be awarded specific damages, general damages for both loss of reputation and hurt feelings (including aggravated damages), and punitive damages.
You must use your judgment to decide a reasonable amount based on the evidence and your common sense." 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;
This article, therefore, argues that general damages, which are inherently difficult to monetize and, consequently, highly negotiable, provide insurers an alternative means of flattening the total indemnification schedule when systematically underindemnifying special damages in a third-party setting is infeasible.
The award for pain and suffering and inability to enjoy life as previously is known as general damages.
The patient sought special damages for medical bills totalling $261,285 and general damages for her hip injury, for her physical problems that developed later, and for the decubitus ulcers.
Quantum Award: The court awarded general damages of $450,000.00 and special damages of $797,889.00 ($40,733.00 for past lost wages; $8,408.00 for past employer meal costs; $231,824.00 for future wages; and $66,884.00 for fringe benefits contributions).
After a six-month trial on the merits, the Canadian court ruled that AREC had the right to foreclose on its security and that the corporate defendants and their principal were liable to pay $550,000 in general damages for acts of oppression and conspiracy.
A Kenyan industrialist is reportedly suing British Airways (BA) for general damages suffered during a flight with the airline.
In February 1995 Jamaican High Court judge Neville Theobalds ruled in favor of Broderick for the latter figure comprising J$938,400 in special damages and J$30,000 in general damages;
General damages of between Pounds 1,000 and Pounds 15,000 will be awarded, with other payments of between Pounds 1,500 and Pounds 7,500.

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