This article covers general principles of the law of damages. It includes a discussion of the various kinds of damages-compensatory damages, nominal damages, liquidated damages, and exemplary and punitive damages-as well as of such concepts as general and special damages, prospective damages, and mitigation of damages. The elements and measure of damages in breach of contract, personal injury, and property damage cases are also covered as are the pleading, proof, and determination of the amount of damages to be awarded in a lawsuit.
Treatment of the measure and elements of damages awarded under federal statutes is discussed in such articles as Am. Jur. 2d, Copyright and Literary Property §§ 257 et seq. ; Am. Jur. 2d, Federal Tort Claims Act §§ 130 et seq. ; Am. Jur. 2d, Job Discrimination §§ 2597 et seq. ; Am. Jur. 2d, Monopolies, Restraints of Trade, and Unfair Trade Practices §§ 668 et seq. ; Am. Jur. 2d, Patents §§ 956 et seq. ; and Am. Jur. 2d, Securities Regulation-Federal §§ 1243 et seq.
Application of general principles governing the award of damages in particular types of tort actions, see, for example, Am. Jur. 2d, Assault and Battery §§ 136 to 151 ; Am. Jur. 2d, Conversion §§ 116 to 155 ; Am. Jur. 2d, False Imprisonment §§ 135 to 153 ; Am. Jur. 2d, Fraud and Deceit §§ 370 to 434 ; Am. Jur. 2d, Libel and Slander §§ 357 to 394 ; Am. Jur. 2d, Trespass §§ 91 to 131
Damages in actions arising out of certain relationships, see, for example, Am. Jur. 2d, Attorneys at Law § 226 ; Am. Jur. 2d, Bailments §§ 250 to 261 ; Am. Jur. 2d, Banks and Financial Institutions §§ 939 to 944 , 970 ; Am. Jur. 2d, Carriers §§ 1262 to 1266 ; Am. Jur. 2d, Landlord and Tenant §§ 87 to 97 , 277 to 279 ; Am. Jur. 2d, Physicians, Surgeons, and Other Healers §§ 340 to 347 ; Am. Jur. 2d, Vendor and Purchaser §§ 450 , 451 , 480 to 485 , 551 to 566
Emotional distress, generally, see Am. Jur. 2d, Fright, Shock, and Mental Disturbance §§ 1 et seq.
Measure and elements of damages arising out of breaches of particular types of contracts, see, for example, Am. Jur. 2d, Building and Construction Contracts §§ 77 to 94 ; Am. Jur. 2d, Insurance §§ 456 to 459 ; Am. Jur. 2d, Sales §§ 902 et seq. , 1128 et seq. Measure and elements of damage to motor vehicles, see Am. Jur. 2d, Automobiles and Highway Traffic §§ 1215 to 1224Read this complete Am Jur 2d section on Westlaw
FindLaw’s hosted excerpts from American Jurisprudence 2d are provided courtesy of the publisher of American Jurisprudence 2d, the industry-leading legal encyclopedia offering unparalleled breadth of coverage of all fields of American law. For full access to American Jurisprudence 2d, including annotations and citations, please visit your local law library or visit Am Jur 2d on Thomson Reuters Westlaw.
FindLaw’s hosted version of American Jurisprudence 2d may not reflect the most recent law. Please verify the status of the section you are researching at your local law library or via Westlaw before relying on it for your legal needs.