A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
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Steps to Take Before Filing for Breach of ContractConsider the Statute of Limitations.Breach of Contract Must Be Material & Cause Damage.Mediation & Arbitration.Determine the Appropriate Court to File Your Lawsuit.Determine How You Will Serve the Defendant.Prepare Your Complaint and Documentation.Hiring an Attorney.
Types of Damages1 Ordinary damages. On the breach of a contract, the suffering party may incur some damages arising naturally, in the usual course of events.2 Special Damages.3 Vindictive or Exemplary Damages.4 Nominal Damages.5 Damages for Deterioration caused by Delay.6 Pre-fixed damages.
1. Compensatory Damages. Compensatory damages (also called actual damages) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.
For example, if the plaintiff was badly frightened and suffered nightmares, increased blood pressure, or other anxiety related symptoms which prevented him from working or fully enjoying his life, he could seek damages for "emotional distress." If any of his property was damaged, compensatory damages could also include
The intention of compensatory damages is to reimburse the plaintiff for out-of-pocket expenses and to make them whole again. An example of compensatory damages may be the amount of money expended on medical bills or lost wages resulting from a car accident caused by a defendant.