6.70 Damages: Actual is a form of legal remedy for a breach of contract or a tort. It is money awarded to the injured party to compensate them for their financial losses due to the wrongdoer’s actions. Types of 6.70 Damages: Actual include compensatory damages, which are designed to restore the injured party to the position they were in before the wrongdoer’s actions; consequential damages, which are designed to cover losses that were reasonably foreseeable as a result of the wrongdoer’s actions; and nominal damages, which are a token award made when there has been a technical breach of contract, but no actual damages have been suffered.
6.70 DAMAGES: ACTUAL
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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf
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Courts will enforce a liquidated damages. provision as long as the actual amount of damages is difficult to ascertain (in which case proof of it is simply made at trial) and the sum is reasonable in light of the expected or actual harm.
There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.
There is no specific formula to calculate damages as they are usually determined based on the actual expenses of the victim and compensation for their pain and anguish. Compensation should make the injured person ?whole? again.
Direct damages, also known as actual damages, are those damages which are the necessary and usual result of the defendant's wrongful act; they flow naturally and necessarily from the wrong.
In tort law, actual damages, also known as compensatory damages, are damages awarded by a court equivalent to the loss a party suffered. If a party's right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages.
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