Your Cart
uollb first class law notes

Quantum of Damages

In the context of legal remedies, the term "quantum of damages" refers to the measure or amount of damages awarded to a party who has suffered harm or loss as a result of a breach of contract, tortious act, or other legal wrong. It represents the monetary value assigned to compensate the injured party for the harm they have suffered.


Compensatory nature: The quantum of damages is primarily intended to compensate the injured party for the actual harm or loss they have incurred. It aims to place the injured party in the position they would have been in if the breach or wrongdoing had not occurred. The damages awarded should reflect the amount necessary to restore the injured party to their pre-injury financial position.


Calculation of damages: The calculation of damages varies depending on the nature of the harm suffered and the legal principles governing the specific case. In breach of contract cases, damages are typically assessed by determining the difference between the position the injured party would have been in if the contract had been performed and their actual position as a result of the breach. In tort cases, damages may be calculated based on factors such as medical expenses, lost wages, pain and suffering, and other relevant factors.


Foreseeability and causation: In determining the quantum of damages, the court will consider whether the harm or loss was foreseeable and caused by the breach or wrongful act. The damages awarded must be reasonably connected to the breach or wrongdoing and directly flow from it.


Mitigation: The injured party has a duty to mitigate their losses by taking reasonable steps to minimse the harm or loss resulting from the breach or wrongdoing. Failure to mitigate may limit the quantum of damages that can be awarded.


Types of damages: The quantum of damages can encompass different types of damages, including general damages, which are non-specific and cover intangible losses such as pain and suffering, and special damages, which are specific and quantifiable losses such as medical expenses or property damage. Other types of damages may include economic damages (e.g., lost profits, property devaluation), nominal damages, punitive damages (in certain cases to punish the wrongdoer), and more.


Discretion of the court: The assessment of the quantum of damages is typically within the discretion of the court or jury, taking into account the evidence presented, legal principles, and the specific circumstances of the case. The court's goal is to provide fair and just compensation to the injured party.


The calculation of damages and the specific rules governing their assessment can vary depending on the jurisdiction and the legal framework applicable to the case. 


You can learn more about this topic and relevant case law with our Contract Law and Equity and Trusts notes.

Trusted by thousands of law students worldwide

Where are our students from?

Yale University

Council of Europe

Baker Mckenzie 

University of Chicago

Columbia University

New York University

University of Michigan 

INSEAD

University College London (UCL)

London School of Economics (LSE)

King’s College London (KCL)

University of London

University of Manchester

University of Zurich

University of York

Brandeis University

University of Exeter

University of Sheffield

Boston University

University of Washington

University of Leeds

University of Law

Royal Holloway, University of London 

Birkbeck, University of London

SOAS, University of London

University of Kent

University of Hull

Queen’s University Belfast

Toronto Metropolitan University

Hong Kong University of Science and Technology

Your perfect companion for open-book and closed-book exams

Diagrams and Charts

Our carefully designed diagrams and charts will guide you through complex legal issues.

Clear and Succinct Definitions

Key concepts are concisely defined to help you understand legal topics quickly.

Statutory Provisions

Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

Case Summaries

We have summarised important cases for you so that you don't need to read long and boring cases.

Rules and Exceptions

Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

Terminology

Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

Case Law

Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

Law Essay Guide

You will learn essential law exam skills and essay writing techniques that are not taught in class.

Problem Question Guide

We will show you how to answer problem questions step by step to achieve first-class results.

Structured Explanations

Complex legal concepts are broken down into concise and digestible bullet point explanations.

Legal Research

You will learn legal research techniques with our study guide and become a proficient legal researcher.

Exam-focused

All essential concepts, principles, and case law are included so that you can answer exam questions quickly.