Legal Definitions - general damages

General damages refer to the compensation awarded in a legal case for losses that are the direct, natural, and predictable consequence of a wrongful act, such as a breach of contract or a civil wrong (known as a tort).

These damages represent the inherent harm that almost any injured party would experience under similar circumstances, rather than unique or specific losses that might vary greatly from person to person. They are considered the unavoidable and immediate financial or non-financial impacts of the harm caused.

• Example 1: Car Accident (Tort)

  Imagine a situation where a driver runs a red light and collides with another vehicle, causing the other driver to suffer a broken arm and whiplash. The general damages in this case would include compensation for the physical pain and suffering, the immediate medical expenses for treating the injuries, and the wages lost during the period the injured driver was unable to work due to their injuries. These are direct and inevitable consequences that almost anyone suffering a similar injury in such an accident would experience.

• Example 2: Breach of a Construction Contract

  Consider a homeowner who hires a contractor to build an extension, but the contractor abandons the project halfway through, leaving the structure incomplete and uninhabitable. The general damages would include the additional cost the homeowner incurs to hire a different contractor to complete the work, assuming the new contractor charges a reasonable market rate. This cost represents the direct financial loss from not receiving the completed extension as originally agreed, a loss that any homeowner in this situation would face.

• Example 3: Defamation (Tort)

  Suppose a newspaper falsely publishes an article accusing a local business owner of unethical practices, causing immediate damage to their professional reputation and public trust. The general damages would cover the harm to the business owner's reputation, the emotional distress caused by the public accusation, and the general loss of goodwill in the community. These are the direct, non-specific harms to one's standing and emotional well-being that naturally flow from such a public falsehood.