Damage

 Remedy: A remedy is a legal way of

placing an aggrieved party back in the
position it was in before.
restitutio in integrum: restitution to the
original position.
Damages is a form of Remedy available
in torts.
What are Damages?
Ox: financial compensation for loss or
injury
BL: money claimed by, or ordered to be
paid to, a person as compensation for
loss or injury.

 Liquidated damages are also known as

ascertained
damages.
They
are
damages whose amount the parties
designate during the formation of a
contract for the injured party to collect
as compensation or reimbursement
upon
a
specific
breach
while
discharging a contract.
Liquidated damages clause will not be
enforced if its objective is to punish the
wrongdoer rather than to compensate
the party who has incurred damages.

 Unliquidated damages are assessed

by the court and are designed to
compensate the innocent party for
any losses incurred as a result of a
wrong. They are so categorized
because they are not accurately
calculable or are subject to a
contingency
which
makes
the
amount of damages doubtful.

Types of Damages
Contemptuous Damages- Minimum
harm, Court thinks action shouldnt be
initiated
Nominal Damages- Right is violated,
no actual damage.
Exemplary Damages- To punish,
deterrent.
Aggravated Damages- emotional injury

Other Remedies
Repleven
Equitable Remedies
Self Help
Who is a TORTFEASOR ?