damages 音标拼音: [d'æmədʒəz] [d'æmɪdʒɪz]
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damages n 1 :
a sum of money paid in compensation for loss or injury [
synonym : {
damages }, {
amends }, {
indemnity }, {
indemnification },
{
restitution }, {
redress }]
damages \
damages \
n . (
Law )
a sum of money paid in compensation for an injury or wrong .
Syn :
amends ,
indemnity ,
indemnification ,
restitution ,
redress .
[
WordNet 1 .
5 ]
37 Moby Thesaurus words for "
damages ":
amends ,
amercement ,
atonement ,
blood money ,
compensation ,
consideration ,
distraint ,
distress ,
escheat ,
escheatment ,
fine ,
forfeit ,
forfeiture ,
guerdon ,
honorarium ,
indemnification ,
indemnity ,
meed ,
mulct ,
price ,
quittance ,
recompense ,
redress ,
remuneration ,
reparation ,
requital ,
requitement ,
restitution ,
retribution ,
return ,
reward ,
salvage ,
satisfaction ,
sconce ,
smart money ,
solatium ,
wergild DAMAGES ,
UNLIQUIDATED .
The unascertained amount which is due to a person by another for an injury to the person ,
property ,
or relative rights of the party injured .
These damages ,
being unknown ,
cannot be set off against the claim which the tort feasor has against the party injured .
2 Dall .
237 ;
S .
C .
1 Yeates ,
571 ;
10 Serg . &
Rawle 14 ;
5 Serg . &
Rawle 122 .
DAMAGES ,
practice .
The indemnity given by law ,
to be recovered from a wrong doer by the person who has sustained an injury ,
either in his person ,
property ,
or relative rights ,
in consequence of the acts of another .
2 .
Damages are given either for breaches of contracts ,
or for tortious acts .
3 .
Damages for breach of contract may be given ,
for example ,
for the non -
performance of a written or verbal agreement ;
or of a covenant to do or not to do a particular thing .
4 .
As to the measure of damages the general rule is that the delinquent shall answer for all the injury which results from the immediate and direct breach of his agreement ,
but not from secondary and remote consequences .
5 .
In cases of an eviction ,
on covenant of seisin and warranty ,
the rule seems to be to allow the consideration money ,
with interest and costs .
6 Watts &
Serg .
527 ;
2 Dev .
R .
30 ;
3 Brev .
R .
458 .
See 7 Shepl .
260 ;
4 Dev .
46 .
But in Massachusetts ,
on the covenant of warranty ,
the measure of damages is the value of the land at the time of eviction .
4 Kent '
s Com .
462 ,
3 ,
and the cases there cited ;
3 Mass .
523 ;
4 Mass .
108 ;
1 Bay ,
19 ,
265 ;
3 Desaus .
Eq .
R .
247 ;
4 Penn .
St .
R .
168 .
6 .
In estimating the measure of damages sustained in consequence of the acts of a common carrier ,
it frequently becomes a question whether the value of the goods at the place of embarkation or the port of destination is the rule to establish the damages sustained .
It has been ruled that the value at the port of destination is the proper criterion .
12 S . &
R .
186 ;.
8 John .
R .
213 ;
10 John .
R .
1 ;
14 John .
R .
170 ;
15 John .
R .
24 .
But contrary decisions have taken place .
3 Caines ,
R .
219 4 Hayw .
R .
112 ;
and see 4 Mass .
R .
115 ;
1 T .
R .
31 ;
4 T .
R .
582 .
7 .
Damages for tortious acts are given for acts against the person ,
as an assault and battery against the reputation ,
as libels and slander ,
against the property ,
as trespass ,
when force is used ;
or for the consequential acts of the tort -
feasor ,
as ,
when a man ,
in consequence of building a dam on his own premises ,
overflows his neighbor '
s land ;
or against the relative rights of the party injured ,
as for criminal conversation with his wife .
8 .
No settled rule or line of distinction can be marked out when a possibility of damages shall be accounted too remote to entitle a party to claim a recompense :
each case must be ruled by its own circumstances .
Ham .
N .
P .
40 ;
Kames on Eq .
73 ,
74 .
Vide 7 Vin .
Ab .
247 ;
Yelv .
45 ,
a ;
Id .
176 ,
a ;
Bac .
Ab .
h .
t .;
1 Lilly '
s Reg .
525 ;
Domat ,
liv .
3 ,
t .
5 ,
s .
2 ,
n .
4 ;
Toull .
liv .
3 ,
n .
286 ;
2 Saund .
107 ,
note ;
1 Rawle '
s Rep .
27 ;
Coop .
Just .
606 ;
Com .
Dig .
11 .
t .;
Bouv .
Inst .
Index ,
h .
t .
See ,
Cause ;
Remote .
9 .
Damages for torts are either compensatory or vindictive .
By compensatory damages is meant such as are given morely to recompense a party who has sustained a loss in consequence of the acts of the defendant ,
and where there are no circumstances to aggravate the act ,
for the purpose of compensating the plaintiff for his loss ;
as ,
for example ,
Where the defendant had caused to be seized ,
property of A for the debt of B ,
when such property was out of A '
s possession ,
and there appeared reason to believe it was B '
s .
Vindictive damages are such as are given against a defendant ,
who ,
in addition to the trespass ,
has been guilty of acts of outrage and wrong which cannot well be measured by a compensation in money ;
as ,
for example ,
where the defendant went to A '
s house ,
and with insult and outrage seized upon A '
s property ,
for a debt due by B ,
and carried it away ,
leaving A '
s family in distress .
Sedgw .
on Dam .
39 ;
2 Greenl .
Ev .
Sec .
253 ;
1 Gillis .
483 ;
12 Conn .
580 ;
2 M . &
S .
77 ;
4 S . &
R .
19 ;
5 Watts ,
375 ;
5 Watts &
S .
524 ;
1 P .
S .
R .
190 ,
197 .
10 .
In cases of loss of which have been insured from maritime dangers ,
when an adjustment is made ,
the damages are settled by valuing the property ,
not according to prime cost ,
but at the price at which it may be sold at the time of settling the average .
Marsh .
Inst .
B .
1 ,
c .
14 ,
s .
2 ,
p .
621 .
See Adjustment ;
Price .
DAMAGES ,
EXCESSIVE .
Such damages as are unreasonably great ,
and not warranted by law .
2 .
The damages are excessive in the following cases :
1 .
When they are greater than is demanded by the writ and declaration .
6 Call 85 ;
7 Wend .
330 .
2 .
When they are greater than is authorized by the rules and principles of law ,
as in the case of actions upon contracts ,
or for torts done to property ,
the value of which may be ascertained by evidence .
4 Mass .
14 ;
5 Mass .
435 ;
6 Halst .
284 .
3 .
But in actions for torts to the person or reputation of the plaintiff ,
the damages will not be considered excessive unless they are outrageous .
2 A .
K .
Marsh 365 ;
Hard .
586 ;
3 Dana ,
464 ;
2 Pick .
113 ;
7 Pick .
82 ;
9 John .
45 ;
10 John .
443 ;
4 Mass .
1 ;
9 Pick .
11 ;
2 Penn .
578 .
4 .
When the damages are excessive ,
a new trial will be granted on that ground .
DAMAGES ,
LAYING ,
pleading .
In personal and mixed actions , (
but not in penal actions ,
for obvious reason ,)
the declaration must allege ,
in conclusion ,
that the injury is to the damage of the plaintiff ;
and must specify the amount of damages .
Com .
Dig .
Pleader ,
C 84 ;
10 Rep .
116 ,
b .
2 .
In personal actions there is a distinction between actions that sound in damages ,
and those that do not ;
but in either of these cases ,
it is equally the practice to lay damages .
There is ,
however ,
this difference :
that ,
in the former case ,
damages are the main object of the suit ,
and are ,
therefore ,
always laid high enough to cover the whole demand ;
but in the latter ,
the liquidated debt ,
or the chattel demanded ,
being the main object ,
damages are claimed in respect of the detention only ,
of such debt or chattel ;
and are ,
therefore ,
usually laid at a small sum .
The plaintiff cannot recover greater damages than he has laid in the conclusion of his declaration .
Com .
Dig .
Pleader ,
C 84 ;
10 Rep .
117 ,
a ,
b ;
Vin .
Ab .
Damages ,
R .
3 .
In real actions ,
no damages are to be laid ,
because ,
in these ,
the demand is specially for the land withheld ,
and damages are in no degree the object of the suit .
Steph .
Pl .
426 ;
1 Chit .
Pl .
397 to 400 .
DAMAGES ,
DOUBLE or TREBLE ,
practice .
In cases where a statute gives a party double or treble damages ,
the jury are to find single damages ,
and the court to enhance them ,
according to the statute Bro .
Ab .
Damages ,
pl .
70 ;
2 Inst .
416 ;
1 Wils .
126 ;
1 Mass .
155 .
In Sayer on Damages ,
p .
244 ,
it is said ,
the jury may assess the statute damages and it would seem from some of the modern cases ,
that either the jury or the court may assess .
Say .
R .
214 ;
1 Gallis .
29 .
DAMAGES ,
GENERAL ,
torts .
General damages are such as the law implies to have accrued from the act of a tort -
feasor .
To call a man a thief ,
or commit an assault and battery upon his person ,
are examples of this kind .
In the first case the law presumes that calling a man a thief must be injurious to him ,
with showing that it is so .
Sir W .
Jones ,
196 ;
1 Saund .
243 ,
b .
n .
5 ;
and in the latter case ,
the law implies that his person has been more or less deteriorated ,
and that the injured party is not required to specify what injury he has sustained ,
nor to prove it .
Ham .
N .
P .
40 ;
1 Chit .
Pl .
386 ;
2 L .
R .
76 ;
4 Bouv .
Inst .
n .
3584 .
DAMAGES ,
LIQUIDATED ,
contracts .
When the parties to a contract stipulate for the payment of a certain sum ,
as a satisfaction fixed and agreed upon by them ,
for the not doing of certain things particularly mentioned in the agreement ,
the sum so fixed upon is called liquidated damages . (
q .
v .)
It differ from a penalty ,
because the latter is a forfeiture from which the defaulting party can be relieved .
An agreement for liquidated damages can only be when there is an engagement for the performance of certain acts ,
the not doing of which would be an injury to one of the parties ;
or to guard against the performance of acts which ,
if done ,
would also be injurious .
In such cases an estimate of the damages may be made by a jury ,
or by a previous agreement between the parties ,
who may foresee the consequences of a breach of the engagement ,
and stipulate accordingly .
1 H .
Bl .
232 ;
and vide 2 Bos . &
Pul .
335 ,
350 -
355 ;
2 Bro .
P .
C .
431 ;
4 Burr ,
2225 ;
2 T .
R .
32 .
The civil law appears to agree with these principles .
Inst .
3 ,
16 ,
7 ;
Toull .
liv .
3 ,
n .
809 ;
Civil Code of Louis .
art .
1928 ,
n .
5 ;
Code Civil ,
1152 ,
1153 .
2 .
It is to be observed ,
that the sum fixed upon will be considered as liquidated damages ,
or a penalty ,
according to the intent of the parties ,
and the more use of the words "
penalty ," &
c "
forfeiture ,"
or "
liquidated damages ,"
will not be regarded is at all decisive of the question ,
if the instrument discloses ,
upon the whole ,
a different intent .
2 Story ,
Eq .
Sec .
1318 ;
6 B .&
C .
224 ;
6 Bing .
141 ;
6 Iredell ,
186 ;
3 Shepl .
273 ;
2 Ala .
425 ;
8 Misso .
467 .
3 .
Rules have been adopted to ascertain whether such sum so agreed upon shall be considered a penalty or liquidated damages ,
which will be here enumerated by considering ,
first ,
those cases where it has been considered as a penalty and ,
secondly ,
where it has been considered as liquidated damages .
4 .-
1 .
It has been treated as penalty ,
1st .
where the parties in the agreement have expressly declared the sum intended as a forfeiture or a penalty ,
and no other intent can be collected from the instrument .
2 B . &
P ,
340 ,
350 ,
630 ;
1 McMullan ,
106 ;
2 Ala .
425 ;
5 Metc .
61 ;
1 H .
Bl .
227 ;
1 Campb .
78 ;
7 Wheat .
14 ;
1 Pick .
451 ;
4 Pick .
179 ;
3 Johns .
Cas .
297 .
2d .
Where it is doubtful whether it was intended as a penalty or not ,
and a certain debt or damages ,
less than the penalty ,
is made payable on the face of the instrument .
3 C . &
P .
240 ;
6 Humph .
186 .
3d .
Where the agreement was made ,
evidently ,
for the attainment of another object ,
to which the sum specified is wholly collateral .
11 Mass .
76 ;
15 Mass .
488 ;
1 Bro .
C .
C .
418 .
4th .
Where the agreement contains several matters ,
of different degrees of importance ,
and yet the sum named is payable for the breach of any ,
even the least .
6 Bing .
141 ;
5 Bing .
N .
C .
390 ;
7 Scott ,
364 ;
sed vide ,
7 John .
72 ;
15 John .
200 .
5th .
Where the contract is not under seal ,
and the damages are capable of being certainly known and estimated .
2 B . &
Al .
704 ;
6 B . &
C .
216 ;
1 M . &
Malk .
41 ;
4 Dall .
150 ;
5 Cowen ,
144 .
5 .-
2 .
The sum agreed upon has been considered as liquidated damages ,
1st .
Where the damages are uncertain ,
and are not capable of being ascertained by any satisfactory and known rule .
2 T .
R .
32 ;
1 Alc . &
Nap .
389 ;
2 Burr ,
2225 ;
10 Ves .
429 ;
3 M . &
W .
545 ;
8 Mass .
223 ;
3 C . &
P .
240 ;
7 Cowen 307 ;
4 Wend .
468 .
2d .
Where ,
from the tenor of the agreement ,
or from the nature of the case ,
it appears that the parties have ascertained the amount of damages by fair calculation and adjustment .
2 Story ,
Eq .
Juris .
Sec .
1318 ;
10 Mass .
459 ;
7 John .
72 ;
15 John .
200 ;
1 Bing .
302 ;
7 Conn .
291 ;
13 Wend .
507 ;
2 Greenl .
Ev .
Sec .
259 ;
11 N .
H .
Rep .
234 ;
6 Blackf .
206 ;
26 Wend .
630 ;
17 Wend .
447 ;
22 Wend .
201 ;
7 Metc .
583 ;
2 Ala .
425 ;
2 Shepl .
250 .
Vide ,
generally ,
7 Vin .
Ab .
247 ;
16 Vin .
Ab .
58 ;
2 W .
Bl .
Rep .
1190 ;.
Coop .
Just .
606 ;
1 Chit .
Pr .
872 ;
2 Atk .
194 ;
Finch .
117 ;
Prec .
in Ch .
102 ;
2 Bro .
P .
C .
436 ;
Fonbl .
151 ,
2 ,
note ;
Chit .
Contr .
836 ;
11 N .
Hamp .
Rep .
234 .
DAMAGES ,
SPECIAL ,
pleading .
As distinguished from the gist of the action ,
signify that special damage which is stated to result from the gist ;
as ,
if a plaintiff in an action of trespass for breaking his close ,
entering his house ,
and tossing his goods about ,
were to state that by means of the damage done to his house ,
he was obliged to seek lodging elsewhere .
2 .
Sometimes the special damage is said to constitute the gist of the action itself ;
for example ,
in an action wherein the plaintiff declares for slanderous words ,
which of themselves are not a sufficient ground or foundation for the suit ,
if any particular damage result to the plaintiff from the speaking of them ,
that damage is properly said to be the gist of the action .
3 .
But whether special damage be the gist of the action ,
or only collateral to it ,
it must be particularly stated in the declaration ,
as the plaintiff will not otherwise be permitted to go into evidence of it at the trial ,
because the defendant cannot also be prepared to answer it .
Willes ,
23 .
See Gist .
DAMAGES ,
SPECIAL ,
torts .
Special damages are such as are in fact sustained ,
and are not implied by law ;
these are either superadded to general damages ,
arising from an act injurious in itself ,
as when some particular loss arises .
from the uttering of slanderous words ,
actionable in themselves ,
or are such as arise from an act indifferent and not actionable in itself ,
but injurious only in its consequences ,
as when the words become actionable only by reason of special damage ensuing .
To constitute special damage the legal and natural consequence must arise from the tort ,
and not be a mere wrongful act of a third person ,
or a remote consequence .
1 Camp .
58 ;
Ham .
N .
P .
40 ;
1 Chit .
Pl .
385 ,
6 .
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