speculative damages
Possible financial loss or expenses claimed by a plaintiff that are contingent upon a future occurrence, purely conjectural, or highly improbable. These damages should not be awarded. For example, a plaintiff may claim that in ten years, as he ages, he may begin to feel pain from a healed fracture caused by a defendant (even though no doctor has testified this is likely to happen), and should therefore recover money from the defendant now.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


speculative damages
Alleged injuries or losses that are uncertain or contingent and cannot be used as a basis of recovery for tort (See tort law) or contract actions.

Dictionary from West's Encyclopedia of American Law. 2005.


speculative damages
Alleged injuries or losses that are uncertain or contingent and cannot be used as a basis of recovery for tort or contract actions.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

speculative damages
n.
   possible financial loss or expenses claimed by a plaintiff (person filing a lawsuit) which are contingent upon a future occurrence, purely conjectural or highly improbable. Speculative damages should not be awarded, and jury instructions should so state. Examples: a) plaintiff believes that ten years hence, as he ages, he may begin to feel pain from a healed fracture although no physician has testified that this is likely to happen; b) plaintiff claims that defendant's failure to deliver products for sale may hurt plaintiff's reputation with future customers.
   See also: damages

Law dictionary. . 2013.

Look at other dictionaries:

  • Speculative damages — are claims made by a plaintiff for losses that may occur in the future, but are highly improbable. They can not be used as a basis for recovery in tort or contract cases. Example: A plaintiff claims the tortfeasor s failure to deliver a shipment… …   Wikipedia

  • speculative damages — Damages not proved with reasonable certainty, the trier of the fact being left to speculate as to the actual damages suffered by the plaintiff. 22 Am J2d Damg § 24. Damages are not speculative merely because they cannot be computed with… …   Ballentine's law dictionary

  • speculative damages — noun plural : possible damages (as loss of anticipated profits depending on contingencies) not recoverable at law for lack of reasonable proof thereof : conjectural or contingent damages …   Useful english dictionary

  • speculative damages — noun Claims made by a plaintiff for losses that may occur in the future, but are highly improbable. They can not be used as a basis for recovery in tort or contract cases …   Wiktionary

  • damages — I noun amends, compensation, costs, expenses, expiation, fine, indemnification, indemnity, injury, just compensation, legal costs, legal liability, loss, penalty, recompense, recovery, reimbursement, remuneration for injury suffered, reparation,… …   Law dictionary

  • Damages (disambiguation) — Damages is the money paid or awarded to a claimant in a civil action. Damages may also refer to: Damages (Jewish law), a range of jurisprudential topics that roughly correspond in secular law to torts Damages (TV series), a legal drama Nezikin or …   Wikipedia

  • Damages — This article is about the law term. For the television series, see Damages (TV series). For other uses, see Damages (disambiguation) …   Wikipedia

  • damages — A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A… …   Black's law dictionary

  • damages — A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A… …   Black's law dictionary

  • damages — ➡ legal system * * * In law, the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable. The theory of an award of damages in a personal injury or other tort case is that injured parties should… …   Universalium

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