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Swami Sadashiva Brahmendra Sar (Nil)     26 November 2010

Quiz 3 Compensation and Damages

Is there any  diference between compensation and damages ?



Learning

 8 Replies

Suchitra. S (Advocate)     26 November 2010

The claim demanded by the aggrieved for the loss caused is granted in the form of compensation. 

And the compensations granted are two types : general damages and special damages. 

General damages take into account the pain and suffering you have sustained as a result of your accident and medical evidence will be used to support this part of your personal injury claim for compensation. 

Special damages are intended to reimburse you for any expenses you have incurred as a result of the accident.  For example the cost of travelling to and from hospital, the cost of medication, nursing care, rehabilitation costs or any aids necessary such as a wheelchair or stair lift. 


(Guest)

Madam ki exam aa rahi hai

Welldone madam

And best of luck.

Suchitra. S (Advocate)     26 November 2010

Exam ki naamo nishaan nahi abhi tak, Kushan ji...  :)


(Guest)

when i knew postponement of BCI  exam ,i know that you will  ask this question on lci site

i know that you are intelligent lady but we all are helpless against the govt and BCI who are doing in such a way that is  detrimental to ourself.

Like corruption ,fraud in exam ,paper leak etc.

We all are poor people,helpless and yet we are ready to help our client.Becoming a lawyer.

Arvind Singh Chauhan (advocate)     26 November 2010

Sample papers for BCI Exam, as attached in LCI site, are seems more tough then PCS J.
 

A V Vishal (Advocate)     26 November 2010

Compensation is payable for breach of contract. Since the word used is ‘compensation’, punitive damages cannot be awarded.

General damages – General damages are those which result from ‘direct and proximate’ consequences from breach of contract. Normally, what can be awarded is compensation for loss or damage which can be directly or proximately attributed to the breach of contract. One way of assessing damages is the difference between the contract price and the market price on date of breach of contract, plus reasonable expenses incurred by him on account of the breach plus cost of suit in court of law.

Consequential loss or special damage – Special damages or consequential damages arise due to existence of special circumstances. Such damages can be awarded only in cases where the special circumstances were foreseeable by the party committing the breach or were specifically known to the party. Consequential losses like loss of profit due to breach, which may occur  indirectly due to breach cannot be normally awarded unless there are special circumstances which parties were aware. Loss of profit can be awarded only in cases where seller could have foreseen those losses and arose directly as result of breach.

mrinalini (counseller)     29 February 2012

what is the difference between comensation and damages?

Preksha Goyal   20 May 2021

Dear Sir, 

Damages are remedies that are legally binding and are generally in the form of money which is usually paid by the court in a civil action to compensate any injured party who has suffered a loss, an injury, or suffering.

Compensation is usually the payment that is given for work performed, either by salary or wages or commission or by any other mode. Compensation can include giving goods or materials instead of money.

Parties are bound to show that there is a breach of duty or some sort of negligence has happened which has caused any mental or physical injury, to claim the damages.

Compensation has both ordinary and legal meaning, in the matters of employment and accounting. It can be monetary or non-monetary payments that are given to an employee for the work done by him for your business. It is usually considered the biggest expense for businesses with employees.

Damages and compensation don’t have a very big difference. To conclude, Damages are provided whenever there is a contractual breach and there is a contract between the respective parties, whereas compensation usually arises from non-contractual situations.

Hope it helps.


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