What are Damages and Losses definition/concept

These two terms analyzed here are often united in legal terminology. Damage is understood to be any type of deterioration that a person may suffer as a result of the action of another, while damage refers to the lawful gain that a person fails to obtain or the expenses that it absorbs as a result of the action or omission of another person . Damages and Losses

A hypothetical case

Let’s assume that an individual owns a taxi and earns a living as a taxi driver. On the other hand, another person crashes his taxi in an accident and the car is damaged. In this circumstance, the damages would be the expenses necessary to repair the vehicle and the damages would be the earnings that the taxi driver did not receive as a result of the accident he suffered. In this case, we have damage accompanied by damage, this happens frequently and for this reason both concepts are interconnected. Damages and Losses

Compensation for damages has a remedial purpose

When someone has to pay compensation for damages caused to another person, it is necessary to understand the compensation not as a punishment or a sanction, as it is legally considered to be a remedy . Damages and Losses

Indemnity is only possible if the damages or losses are accurately demonstrated, otherwise the civil liability disappears Naturally, without damages, it is not possible to speak of any type of civil liability .

The concept of damage can be understood in several senses: that caused by a traffic accident, that caused by medical negligence or caused by the state in an incorrect intervention. For this reason, in the legal world there is talk of criminal law. In this sense, one of the most common technical problems is the mathematical calculation that can be worth human life where the damage is the cause of death (for example, with the error of a surgeon that causes the death of a person, this circumstance ends up in the courts with a claim for damages). Damages and Losses

Obligations, negligence, damages and losses

In legal relationships , obligations are established , such as those found in an employment contract or any other agreement previously signed. If an obligation is not respected, negligence occurs. If a person violates a legal obligation, his negligent action can lead to a claim for damages. In practice, the problem is to demonstrate that there was a negligence. Damages and Losses

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