What is meant by the calculation of damages in tort?

It means, a judge or jury figuring out

how much money to award to winning plaintiff in a tort lawsuit. In this
context, “damages” is a synonym for “the amount of money that the harm which defendant
caused to plaintiff is worth.”

“Tort,” of course, is the body of law dealing with the duties that everyone owes to everyone
else, i.e. the duty not to intentionally or negligently cause harm to anyone else without a legally
valid justification or excuse. No contractual relationship between the parties is required;
indeed, one might say that tort law is an outgrowth of “the social contract,” the consensus of
civilized behavior that allows groups of strangers to co-exist in close proximity to one another in
relative peace, and to be fair and non-violent in their dealings with one another.
There are many different types of damages that can be awarded in a tort suit, depending on the
circumstances. Those could include, for instance, the amount billed (at retail) for medical
expenses and drugs, for an injury; the repair cost or fair-market replacement value (if less than
the repair cost) of damaged property; the value of the plaintiff’s loss of reputation, in a
defamation suit; the value of the physical and/or mental pain and suffering that defendant
caused the plaintiff to have to endure; and so on. On some of these “fuzzier” concepts of
damages, the “measure of damages” is entirely up to the jury, as there is no universally agreed
formula for computing them. A factfinder generally only has to measure the
damages after already determining that the defendant is liable to the plaintiff for causing the
harm complained of. Sometimes, liability is admitted or is ruled upon in advance by summary
judgment when there is no genuine dispute, and the only issue for trial is the amount of
damages. Which, as noted above, can be a highly subjective figure, on which reasonable
persons can disagree. That, indeed, is why we have trials, and do not just have a “judge robot”
capable of applying a set formula and awarding damages to tort victims.
calculatioon of different kinds of Demages
The calculation of demages depends upon the types of demages.The way of calculation of
demages changes with in demages.Some demages are specified they don’t need to be
calculated.and some demages are not specifies they must be calculated for the tort
happened.following are the types of demages whose calculation is differ from one another
1)substaincial demages= “The substaincial demages are those demages when the
court considers it fair to compensate the plaintiff for the injury sustained.”
Calculation of substaincial demages. So according to the definition the substaincial
demages are paid according to the injury caused to the plaintiff by the defendent.The demages
of injury means the money spent upon the injury(medical expenses drugs)will be paid to the
plaintiff. Therefore these demages are also called compensatory
demages because in these cases only peculary compensation is paid to the plaintiff. These
demages are proportional to the injury caused to the plaintiff not more then injury nor less
then injury. For example= if the plaintiff is riding a motorcycle on his right way and the
defendent is coming from the wrong side and the accident occures.The plaintiff has been
injured due to the accident.now he has been brought to the hospital.The expenses over his
treatment will be the amount of Demages for the defendent.If hospital bill is 500.then the
defendent will pay 500 niether less nor more then that amount. 2)Nominal demages=.
The nominal demages are those demages which are awarded when the purpose of action or
case is nearly to establish a right.No substaincial or loose is suffered. Calculation of
nominal demages=It means they the nominal demages are those demages which are not
awarded to the plaintiff for the injury but just for the his legal right which has been violated by
the defendent. Here the demages will not be considered or determined by the plaintiff but it
will be determined by the court. Generally there are two types of injury
one in legal injury and other is actual loose or injury.in nominal demages the either the actual
loose is done or not but the legal right should be violated.then the plaintiff will be awarded with
nominal demages. For example= if party A stops B from voting C and
when the result of election comes C wins the election.here no actual loose is done to the
plaintiff because he wanted that C win and now C won the election.But here his legal right has
been violated because he had legal right of voting vote.whenever he will sue against defendent
the court will tell the defendent to award him a nominal demages.
The expenses over his treatment will be the amount of Demages for the defendent.If hospital
bill is 500.then the defendent will pay 500 niether less nor more then that amount.
3)contemptous demages=
Contemptous images are those images which are which are awarded to the planetip when the
court consider that the action should never be brought to the court.
It means that whenever the the case is brought to the court and the plaintiff doesn’t have any
reasonable cause.then the court ordered him to pay demages to the court because he has
wasted the time of the court.
It it is against the reputation of the court because whenever the case is brought to the court
without reasonable cause then the time of the court and the reputation of the court both are
disturb.therefor the plaintiff will be said to awardt he contempts images it is also called Taueen
adalat.
Measurements of contemptous demages=the contemptous demages are measured by the
time which has been wasted by the plantif of the court and the reputation which has been
disturbed by the case brought by the plaintiff to the court.
4).Unliquidated demages liquidated demages are those i which cannot be calculated it means
that all those demages which are not specified these images change which change is
circumstances. and it change from case to case and person to person it means that unliquated
demages cannot be calculated so for the calculation of unlimited images the circumstances and
the case must be seen that which type of case is being brought to the court.
Examplory demages=
Read images are awarded when the injury cars is of serious nature and is done the intention to
injure
Measurement of examolory demages= it means that whenever the case is brought to the court
and the injury caused of a serious nature then the demages which is paid to the platif is called
examplary demages.when the cross defamation is done that images given for the cross
definition is exemplar images the purpose of exact images is just to prevent the people from do
that it again by making an example.it means that whenever the examplary are given to the
plantif the purpose is just to prevent the person and the other persons to prevent them from
doing that act again by making an example. Example=when a person defame
some higher authority or the person who has high value and position in the society then the
amount of is defamation will be very higher amount and if it will create an example for other
public not to defame the same person.
Consequential demages= any action would lie against this demage which is either of intended
result of dependent wrongful act or the probable result of such act .in other words plaintif
must prove that the particular damage is of the result of wrongful act. It means
that these demages are awarded to the plantive when the plantif prove that the act done by
the defendant will cause any future injury to him.
Measurement of consequential demages= the consequential damages can be calculated
according to the Future injury will be caused to the platif by the defendant. It means that the
injury is not caused by the defendant but this injury will be caused in the future by the
dependent so the deages will be taken in advance for the injury which would caused to the
plantif or is owperson.
Prospective demages=that images maybe awarded to the friendship not only as compensation
for loss which has been sustained at the time of commitment of wrongfull act but also for the
injury caused in the probable future. It means that the prospective damages are taken not for
only present injury but it will also be taken for the future injury which will be caused by the
action which is done by the defendant in the present time.
Calculation of Prospective demages=the prospective demages are calculated by seeing to the
injury cause in the present in the injury caused injury which will be caused in the future by the
act of the dependent it maybe peculary compensation or it may be a legal right.