Defined Terms and Documents       

Compensatory Damages means in law, damages are an award, typically of money, to a person as compensation for loss or injury.  The rules for damages can and frequently do vary based on the type of claim which is presented (e.g., breach of contract versus a tort claim) and the jurisdiction.

At common law, damages are categorized into -

(i)         compensatory damagesand 

(ii)        punitive damages.

Compensatory damages are categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are noneconomic damages such as pain and suffering and emotional distress.

Compensatory damages, called actual damages, are paid to compensate the claimant for loss, injury, or harm suffered as a result of (see requirement of causation) another's breach of duty. (e.g., in a negligence claim under tort law). 

Money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party. To receive compensatory damages the plaintiff has to prove that a loss occurred, and that it was attributable to the defendant. The plaintiff must also be able to quantify the amount of loss in the eyes of the jury or judge.

Punitive damages are commonly referred to as 'exemplary damages'.  In Australia, punitive damages are damages awarded in addition to compensatory damages. Their purpose is to punish defendants for reprehensible conduct and deter them from engaging in such conduct in the future.  In this respect they are no different from criminal penalties.  However, as the majority noted in State Farm Insurance Co v Campbell (State Farm), 'defendants subjected to punitive damages in civil cases have not been accorded the protections applicable in a criminal proceeding', and may therefore be arbitrarily deprived of their property