legal-terms common-law damages
Is there a term for set/prescribed measures of damages?
<p>A recent answer answers the question with another question, that of what damage the plaintiff has actually <em>suffered</em>. Yet certain statutory/case regimes have guidelines for compensation that are blind to actual damage suffered.</p>
<p>For example, where one can make out that a breach of the equality act has taken place, the Vento scale applies, even if it didn’t actually result in £900 worth of suffering.</p>
<p>Likewise, if a breach of either s213(3/6) HA2004 can be demonstrated, then the value of claims under S214 is prescribed by a set formula, regardless of actual impact to the applicant.</p>
<p>Can anyone think of any further examples of this, and Is there a name for this kind of prescribed, impact-blind regime for damages measures?</p>

<h2><a href="https://en.wikipedia.org/wiki/Statutory_damages" rel="nofollow noreferrer">Statutory Damages</a></h2>
<blockquote>
<p>… the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff.</p>
</blockquote>
<h2><a href="https://en.wikipedia.org/wiki/Liquidated_damages" rel="nofollow noreferrer">Liquidated Damages</a></h2>
<p>Parties to a contract are free to agree on the amount of damages that will be payable for a class or classes of breach. For example, it is very common in construction and engineering contracts for a per diem to be set for late completion.</p>
<p>Such damages must be a genuine pre-estimate of the damage that might be suffered by the breach. If they are excessive, they will be set aside as an unlawful penalty clause.</p>
<h2><a href="https://en.wikipedia.org/wiki/Damages#Nominal_damages" rel="nofollow noreferrer">Nominal Damages</a></h2>
<p>Some corners of the law allow a suit to be brought in the absence of actual damage in which a successful plaintiff is awarded $1 or similar nominal sum. Such a victory can still be important in jurisdictions where costs follow the event i.e. the loser pays the winner’s costs.</p>
<p>Many such regimes are statutory in nature and involve areas where damage can be hard to quantify, particularly in advance - IP law, anti-competitive behaviour, consumer protection, unlawful discrimination etc. in essence, this is still statutory damages.</p>
<p>One area of non statutory (i.e. common) law where this applies is defamation.</p>
<p>Notably, it does not apply in the largest area of tort litigation - negligence.</p>
