Ascertained damages are damages that can be specifically calculated or estimated based on evidence and factual information. They are often awarded in legal cases where one party has suffered harm or loss as a result of the actions of another party. In these cases, the court will assess the harm that has been suffered and award damages to compensate the injured party for their losses.
There are several types of damages that may be awarded in a legal case, including compensatory damages, punitive damages, and nominal damages. Compensatory damages are designed to compensate the injured party for their actual losses, such as medical expenses, lost wages, and property damage. These damages are intended to put the injured party in the same position they would have been in had the injury or loss not occurred.
Punitive damages, on the other hand, are not intended to compensate the injured party, but rather to punish the party who caused the harm. These damages are typically awarded in cases where the offending party acted in a particularly egregious or malicious manner.
Nominal damages, meanwhile, are damages that are awarded in cases where the injured party has not suffered any actual harm or loss, but the court still finds that the offending party is liable. These damages are typically awarded in small amounts and are intended to acknowledge the legal wrong that has been committed.
In order to determine the amount of damages that should be awarded in a case, the court will consider a variety of factors, including the extent of the harm suffered, the nature of the injury or loss, and the conduct of the parties involved. The court may also consider the potential impact of the injury or loss on the injured party's future prospects and well-being.
In cases where the amount of damages cannot be specifically calculated, the court may award what are known as "unascertained damages." These damages are based on estimates and are typically used in cases where the harm suffered is difficult to quantify, such as in cases involving emotional distress or mental suffering.
Ascertained damages are an important aspect of the legal system, as they allow courts to hold parties accountable for their actions and compensate those who have been harmed as a result. By determining and awarding damages, courts can help to ensure that justice is served and that injured parties are fairly compensated for their losses.