ILEC

Schadenersatz

remedy that involves compensating trough money.

money awarded by a court in compensation for loss or injury

money that a court orders someone to pay to someone else as a punishment for harming them or their property [? compensation]:

also actual damages

compenation for proven injury or loss

without regard of the issue of forseeability

General damages are those which are traceable to, and are the probable and necessary result of, the injury complained of, or which are presumed by or implied in law to have resulted therefrom.

General damages result from the act complained of and are implied by law to have thereby accrued to plaintiff. It need not be specially pleaded.

also consquential damages

damages that are awarded due to a particular wrong or particcualr circumstances.

damages are limited by the forseeability rule

Special damages are those which are indirect results of an injury, which do not necessarily result from such an injury. They are out-of-pocket costs directly resulting from a breach of contract, negligence or other wrongful act by the defendant. Special damages can include medical bills, repairs and replacement of property, loss of wages and other damages. A plaintiff must specifically ask for special damages in the initial complaint. Special damages are also called consequential damages.

Pauschalentschädigung

compensation for losses incurred by the plaintiff due to his dependence on the contract being performed.

Reliance-loss damages means a reimbursement for loses or expenses that one party suffers in reliance on the other party’s contractual promise that has been breached. Here damages are awarded in respect of the expenses incurred in reliance on the presumption that the contract would be properly performed.

Konventionalstrafe

also stipulated damages

compensation tht is agreed to in the contract

Liquidated damages may be incorporated as a clause in a contract when the parties to a contract agree to the payment of a certain sum as a fixed and agreed upon payment for not doing certain things particularly mentioned in the agreement. It is the amount of money specified in a contract to be awarded in the event that the agreement is violated, often when the actual damages are difficult to determine with specificity.

soll im Vergleich zur Konventionalstrafe abschreckende Wirlung haben. Die sehr hohen zu leistenden Beträge sollen eine abschreckende Wirkung haben.

the purpose of penalty provisions is to serve as a deterrent to breach in that it provides for damages which the parties know extend far beyond that which would normally compensate the non-breaching party for its loss.

Penalty clause is a contractual provision that provides for payment of an amount as forfeiture on breach of the contractual provisions. Usually the amount will be unrelated to the actual harm suffered. These clauses are added so as to prevent future disputes in case of breach of the contractual provisions. Penalty clauses are generally unenforceable. However, courts will enforce a liquidated damage clause when the amount of actual damages is difficult to ascertain and the liquidated damages are a reasonable attempt to approximate the actual damages. U.C.C. §2-718(1).