Damages. In Law, are the pecuniary reparation due for loss or injury sustained by one person through the fault or negligence of another. Where a sum ascertained in amount is due, the action is one not properly for damages, but of debt. But where the sum is not ascertained, as where an injury has been done to a man's character or property, the action can in general only be for damages the amount of which the injured party estimates, and which is determined by the judgment of the court or verdict of a jury. When parties to a contract agree that if the contract be broken, a specified sum of money shall be paid, this sum is spoken of as liquidated damages, a sum agreed upon to save the trouble of ascertaining the actual damage done. Nominal damages are those given to a plaintiff who establishes his right, but has not shown that he has suffered actual loss. Exemplary or vindictive damages are given not only to compensate the injured party, but to punish the offender, as in actions for damages by fraud, seduction, and the like. Damages ultra are additional damages claimed by a plaintiff over and above those paid into court by a defendant. Every person is liable in damages for injuries caused by culpable neglect or ignorance. Professional persons are liable to make reparation of loss occasioned through their want of ordinary skill in their calling. Railway companies and steamboat owners are liable for injuries to person or property caused by the fault of themselves or their servants. The principal rules according to which damages are awarded are, that the damage is measured by the actual pecuniary loss, when ascertainable; that the injury suffered must be the immediate consequence of the faulty act or omission; and that all the parties concerned in committing a wrong are liable each for the full amount of damages to the injured party.
In the United States, the same general principles apply as in England. But the tendency of modern legislation, instead of restricting actions for damages to cases in which the restitution of property and the enforcement of rights are involved, is gradually being extended to cases involving civil injury arising from criminal negligence. This has been made necessary from the great powers granted corporations by law. Damages for the infringement of patents and copyrights may by act of congress be double or treble the verdict of a jury, at the discretion of the court. See COSTS, LIABILITY.