Civil Code § 3282 – Definition of Damages
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Civil Code § 3282 – Definition of Damages
California Law
DIVISION 4. GENERAL PROVISIONS [3274 – 9566]
( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. )
PART 1. RELIEF [3274 – 3428]
( Part 1 enacted 1872. )
TITLE 2. COMPENSATORY RELIEF [3281 – 3361]
( Title 2 enacted 1872. )
CHAPTER 1. Damages in General [3281 – 3296]
( Chapter 1 enacted 1872. )
ARTICLE 1. General Principles [3281 – 3283]
( Article 1 enacted 1872. )
3282.
Detriment is a loss or harm suffered in person or property.
(Enacted 1872.)
California Law Summary
This statute defines “damages” in civil law as the amount of monetary compensation awarded to a person who has suffered a detriment due to the unlawful act or omission of another.
Purpose
To clarify that damages are not a punishment, but a remedy intended to restore the injured party to the position they would have been in had the wrongful act not occurred.
Application
§ 3282 provides the conceptual basis for compensatory damages, which may include:
Medical expenses,
Lost wages,
Pain and suffering,
Property damage,
Future financial loss due to injury.
It frames the legal justification for calculating and awarding damages in personal injury lawsuits.
