damage


damage
dam·age 1 n [Old French, from dam injury, harm, from Latin damnum financial loss, fine]
1: loss or harm resulting from injury to person, property, or reputation
2 pl: the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment 1a, injunction; specific performance at performance
◇ The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages may be awarded for a single injury.
actual damages: damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered – called also compensatory damages;
consequential damages: special damages in this entry
direct damages: damages for a loss that is an immediate, natural, and foreseeable result of the wrongful act compare special damages in this entry
ex·em·pla·ry damages /ig-'zem-plə-rē-/: punitive damages in this entry
ex·pec·ta·tion damages: damages recoverable for breach of contract and designed to put the injured party in the position he or she would have been in had the contract been completed – called also expectancy damages;
general damages
1: damages for a loss that is the natural, foreseeable, and logical result of a wrongful act compare special damages in this entry
2: damages for losses (as pain and suffering, inconvenience, or loss of lifestyle) whose monetary values are difficult to assign
he·don·ic damages /hi-'dä-nik-/: damages deemed to compensate for the loss of enjoyment of life resulting from a wrongful act
◇ Hedonic damages are not recognized in all jurisdictions.
incidental damages: damages recoverable under section 2-715 of the Uniform Commercial Code in breach of contract cases for losses that include expenses incurred in handling and caring for goods which were the subject of the contract, reasonable expenses incurred in obtaining cover, and any other reasonable expenses resulting from the breach that do not fall into any other category
liquidated damages: damages whose amount is agreed upon by the parties to a contract as adequately compensating for loss in the event of a breach – called also stipulated damages;
◇ Liquidated damages in an amount exceeding that needed to reasonably compensate the injured party constitute a penalty and are therefore void.
mor·a·to·ry damages in the civil law of Louisiana: damages recoverable for loss resulting from an obligor's delay in performing
◇ Compensatory damages are recoverable in a case of failure to perform.
nominal damages: damages awarded in a small amount (as one dollar) in cases in which a party has been injured but no loss resulted from the injury or in which the injured party failed to prove that loss resulted from the injury
presumed damages: damages that are presumed under the law to result naturally and necessarily from a tortious act and that therefore do not require proof
punitive damages: damages awarded in cases of serious or malicious wrongdoing to punish or deter the wrongdoer or deter others from behaving similarly – called also exemplary damages, smart money;
spe·cial damages: damages awarded in an amount deemed to compensate for losses that arise not as a natural result of the injury but because of some particular circumstance of the injured party; specif: damages relating to a business, profession, or property that are easily calculable in monetary terms – called also consequential damages; compare direct damages in this entry general damages in this entry
◇ Because special damages do not arise in every case, they must be specifically requested in the pleadings. This is an issue of particular importance in cases of harm to reputation, such as slander, libel, and malicious prosecution.
stipulated damages in the civil law of Louisiana: liquidated damages in this entry
tre·ble damages /'tre-bəl-/: damages awarded in an amount that is three times the amount for which the trier of fact finds the wrongdoer liable
◇ Treble damages are recoverable where authorized by statute and are usu. imposed as a punishment.
3 pl: losses for which damages are recoverable
did not incur damage s, because he was unlikely to win the foreclosure case — Rosalind Resnick
damage 2 adj: of or relating to damages
a damage action
a damage remedy

Merriam-Webster’s Dictionary of Law. . 1996.

damage
I noun adversity, affliction, aggravation, casualty, declination, decline, decrement, depravation, depreciation, destruction, deterioration, detriment, dilaceration, diminution, disrepair, exacerbation, grievance, hardship, harm, hurt, impairment, infliction, injury, loss, ruin, ruination, spoiling, vexation, vitiation, weakening, wreck, wrong associated concepts: actual loss, ad damnum clause, aggravation of damages, business damage, conjectural damages, consequential damages, contingent damages, damages actually sustained, damages by fire, damages by the elements, damages in contemplation of party, damages to land, damages to person, damages to property, damages to realty, damnum absque injuria, excessive damages, exemplary damages, future damages, general damages, incidental damages, injuria absque damno, limitation of liability, liquidated damages, measure of damages, minimizing damages, nominal damages, personal injury, property damage, punitive damages, remote damages, special damages, treble damages, unliquidated damages, unusual or extraordinary damage foreign phrases:
- Nemo damnum facit, nisi qui id fecit quod facere jus non habet — No one is considered as doing damage, except he who does that which he has no right to do
- Nul sans damage avera error ou attaint — No one shall have error or attaint unless he has suffered damage
- Ubicunque est injuria, ibi damnum sequitur. — Wherever there is a wrong, there damage follows
- Quod quis ex culpa sua damnum sentit non intelligitur damnum sentire. — He who incurs a damage by his own fault is not held to suffer damage.
- Damnum sine injuria esse potest — There can be damage or injury inflicted without any act of injustice
- Actus iegis nemini est damnosus. — An act of the law shall prejudice no one
II verb abase, abuse, blemish, blight, break, break down, bruise, cause detriment, cause injury, cause mischief, cheapen, contaminate, corrupt, cripple, crush, debase, deface, defile, deform, degrade, demolish, destroy, devalue, devastate, diminish, disable, disfigure, disparage, disrupt, disserve, do disservice to, do violence to, harm, hurt, impair, incapacitate, injure, lacerate, lay waste, maim, make unsound, malign, maltreat, mangle, mar, mutilate, pervert, pollute, prejudice, ravage, ruin, sabotage, scathe, spoil, stain, taint, tamper with, trample on, traumatize, vandalize, violate, vitiate, weaken, wound, wreck, wrong associated concepts: damage from negligence, damage to goods, destruction, estimated damage, latent damage, loss, mitigation of damages, opportunity to repair, patent damage, permanent damage, recovery for damage, water damage III index abuse (physical misuse), cost (penalty), countervail, decrement, deface, defacement, defect, detriment, disable, disadvantage (noun), disadvantage (verb), disrepair, disservice, drawback, endanger, eviscerate, expense (sacrifice), harm (noun), harm (verb), ill use, impair, injury, maim, mischief, mutilate, persecute, pillage, prejudice (injury), prejudice (injure), spoil (impair), stain, strike (assault), toll (effect), vitiate, wear and tear

Burton's Legal Thesaurus. . 2006


damage
n.
Physical harm; injury.
v.
damage

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

Synonyms:

Look at other dictionaries:

  • Damage — may refer to: Contents 1 General concepts 1.1 Biology and medical 1.2 Law …   Wikipedia

  • damage — [ damaʒ ] n. m. • 1838; de damer ♦ Techn. Action de damer le sol; son résultat. Le damage de la neige, d une piste de ski. ● damage nom masculin Action de damer. ⇒DAMAGE, subst. masc. Action de tasser de la terre ou tout autre matériau,… …   Encyclopédie Universelle

  • Damage — ist der Titel einer Comicserie, die der US amerikanische Verlag DC Comics von 1994 bis 1996 veröffentlichte. Die Serie war eine Mischung aus Abenteuer und Science Fiction Comic und handelte von den Erlebnissen eines gleichnamigen jugendlichen… …   Deutsch Wikipedia

  • Damage — Dam age (d[a^]m [asl]j; 48), n. [OF. damage, domage, F. dommage, fr. assumed LL. damnaticum, from L. damnum damage. See {Damn}.] 1. Injury or harm to person, property, or reputation; an inflicted loss of value; detriment; hurt; mischief. [1913… …   The Collaborative International Dictionary of English

  • Damage — Damage, Inc. Saltar a navegación, búsqueda «Damage, inc.» Canción de Metallica álbum Master of Puppets Publicación 21 de febrero de 1986 …   Wikipedia Español

  • damage — ► NOUN 1) physical harm reducing the value, operation, or usefulness of something. 2) (damages) financial compensation for a loss or injury. ► VERB ▪ cause damage to. ● what s the damage? Cf. ↑what s the damage? …   English terms dictionary

  • Damage — Dam age, v. t. [imp. & p. p. {Damaged} (d[a^]m [asl]jd); p. pr. & vb. n. {Damaging} (d[a^]m [asl]*j[i^]ng).] [Cf. OF. damagier, domagier. See {Damage}, n.] To occasion damage to the soundness, goodness, or value of; to hurt; to injure; to impair …   The Collaborative International Dictionary of English

  • Damage — Dam age (d[a^]m [asl]j), v. i. To receive damage or harm; to be injured or impaired in soundness or value; as, some colors in cloth damage in sunlight. [1913 Webster] …   The Collaborative International Dictionary of English

  • damage — [n1] injury, loss accident, adulteration, adversity, affliction, bane, blemish, blow, breakage, bruise, casualty, catastrophe, cave in, contamination, corruption, debasement, depreciation, deprivation, destruction, deterioration, detriment,… …   New thesaurus

  • damage — [dam′ij] n. [ME < OFr < dam < L damnum, loss, injury: see DAMN] 1. injury or harm to a person or thing, resulting in a loss in soundness or value 2. [pl.] Law money claimed by, or ordered paid to, a person to compensate for injury or… …   English World dictionary


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