Talk:Damages

Latest comment: 5 years ago by Arllaw in topic Substantial damages

Substantial damages edit

It would be very helpful if this article can say something about the phrase "substantial damages", which many people use meaning "a substantial (i.e. significant, large) sum of money paid in damages", but which I have also seen defined more technically as "damages which cover the exact amount of the substance of the loss incurred by the defendant." See https://www.merriam-webster.com/dictionary/substantial%20damages. If there is a difference between legal and common usage, that needs to be explained. --Doric Loon (talk) 22:16, 20 November 2018 (UTC)Reply

The definition in MW is

damages which bring about actual economic loss or for which compensation in a substantial amount is awarded as distinguished from nominal damages awarded only to vindicate a legal right

That's not a particularly useful definition. Substantial damages can be awarded for non-economic losses (e.g. pain and suffering), and it is not always the case that damages not classified as nominal (e.g., $1) will consistently be viewed as substantial. We're dealing with terminology that includes an element of subjectivity.Arllaw (talk) 05:14, 21 November 2018 (UTC)Reply