INTRODUCTION
A tort is a civil wrong, which implies that if someone violates the law at any time, the action brought in the courts is civil in character. In civil proceedings, the person usually files the lawsuit himself in order to seek compensation from the person who has caused him harm as a result of his illegal act. The fundamental goals of tort law are to offer compensation to affected parties for harms inflicted by others, to hold those accountable for the injury, and to deter others from harming others. Torts allow the weight of loss to be shifted from the injured party to the party who is at fault or better able to bear it. Typically, a person seeking remedies under tort law will seek financial remuneration of damages. Injunction and restitution are two less common remedies.
What are damages
The plaintiff has a number of options, the most common of which is a monetary award of damages. Damages are the monetary compensation that is awarded by the Court to the plaintiff so that he can be enabled to make up for the loss which he has suffered because of the tort committed by another person.
Injuria sine damno
Injuria sine damno refers to a legal injury that occurs without any actual damage. Because an individual's legal right has been violated, he has the right to take his case to court to have it enforced.
Damnum sine injuria
There is actual damage but no legal injury, hence the person cannot go to court to assert his right because he does not have one in the absence of a legal injury. A person can only claim damages if he or she has experienced a legal injury; otherwise, even though he or she has incurred an actual loss, he or she cannot claim damages.
'Damages' is distinct from 'damage,' despite the fact that they both sound the same and have the same meaning. Damages are the amount of money paid as reimbursement for the hurt experienced by a person, whereas Damage is the loss incurred by a person as a result of some other person's wrongdoing.
Compensatory damages
Compensatory damages are funds given to a plaintiff to compensate for losses such as damages, injuries, or other losses. In civil court situations where a loss has happened as a result of another party's negligence or criminal activity, compensatory damages are given. The plaintiff must show that a loss happened and that it was caused by the defendant in order to claim compensatory damages. In the perspective of the jury or judge, the plaintiff must also be able to quantify the amount of loss. In civil court actions, compensatory damages are granted to compensate for damages, injuries, or other losses.
Restitutionary damages
Damages are intended to deprive a wrongdoer of gains made as a result of committing a wrong or breaching a contract. The advantage received by the wrongdoer may outweigh the harm or loss suffered by the victim. It's prevalent in tort claims for trespass or disturbance with property, but it's only given in unusual cases for breach of contract. Restitution refers to the restitution of items that have been lost or stolen, as well as a monetary recompense for a loss or damage. Restitution might take the form of a legal or an equitable remedy. This is dependent on the plaintiff's claim and the nature of the remedies sought. When property or money that is wrongfully in the hands of the defendants can be traced, restitution is an equitable remedy. Restitution is in the form of a constructive trust or equitable lien in such circumstances.
Damages are intended to deprive a wrongdoer of gains made as a result of committing a wrong or breaching a contract. The advantage received by the wrongdoer may outweigh the harm or loss suffered by the victim. It's prevalent in tort claims for trespass or disturbance with property, but it's only given in unusual cases for breach of contract.
CONCLUSION
There are different sorts of damages, and calculating them is dependent on a number of elements, including the form and extent of the injury, the plaintiff's and defendant's relationship, and so on. Damages are calculated differently in different situations, for example, in the case of a person's death, interest and multiplier theories are used to calculate damages, however, in the case of a woman's life span is shortened, the person's social standing is not taken into account.
REFERENCES
https://www.investopedia.com/terms/c/compensatory-damages.asp
https://blog.ipleaders.in/specific-restitution-ofproperty/