Damages

Damages – money awarded by the court as remedy for losses. It is important to note that English law largely imposes an obligation on the innocent party to prove loss, and whilst damages can be awarded to compensate a party (see below) the position is fundamentally about proving losses and there are some technical hurdles to overcome and the wronged party will not necessarily recover all losses because other concepts are applicable including remoteness of damage and proving that losses were directly caused by the wrongdoing. It should always be remembered also that the claimant needs to mitigate the loss.

As stated above, the general rule in English law is that damages are not easily obtainable, particularly in a commercial context, for wrongdoing. In some types of cases, such as personal injury, libel and some other types, damages may be awarded for :-

  • Injured Feelings
  • Damage to reputation
  • Loss of opportunity
  • Exemplary or Punitive Damages
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