Damages

Damages in Europe

Definition of Damages

Compensation or indemnity for loss suffered owing to a breach of contract or tort. Damage from the same cause must be recovered once and for all. Damages are assessed by the jury, and the Court will not interfere unless they are such that twelve reasonable men could not possibly have awarded them, or are obviously based on a misconception. The test by which the amount of the damages is ascertained is called the measure of damages. Nominal damages are of trifling amount awarded contemptuously, or for the mere invasion of a right without damage. Exemplary damages are awarded not only by way of compensation, but as a punishment to the offender. [1]

EU Damages Directive

The Directive 2014/104/EU (known as the EU Damages Directive) of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Members States and of the European Union.

In Scotland, the Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Competition Proceedings) 2017 amends various court rules in consequence of recent amendments to the Competition Act 1998 made by the Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017. The Act of Sederunt came into force on 26 May 2017.

Notes

  1. Definition of Damages is, temporally, from A Concise Law Dictionary (1927). This

Damages (in European Private Law)

In this context, this may be a concept of the term: “Damages” means a sum of money to which a person may be entitled, or which a person may be awarded by a court, as compensation for some specified type of damage.

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  • Private Law

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