Actual Damages

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Losses directly referable to a breach or tortious act; losses that can readily be proven to have been sustained, and for which the injured party should be compensated as a matter of right.

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For purposes of just compensation, losses incurred as a direct result of condemnation of private property. Does not include compensation for indirect, severance, or consequential damages.


Example: When the city took the Smiths’ land for road right - ofway, the court awarded them $100,000 for actual damages plus another $50,000 for the diminished value of the land that remained.
The land taken had a market value of $100,000 before the taking.

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Incidental Damages (business term)
Punitive Damages (business term)