Intro to Journalism

study guides for every class

that actually explain what's on your next test

Compensatory damages

from class:

Intro to Journalism

Definition

Compensatory damages are monetary awards given to a plaintiff in a lawsuit to compensate for losses incurred due to another party's wrongful act, such as libel or defamation. These damages aim to restore the injured party to the position they would have been in had the harm not occurred. In the context of libel and defamation, compensatory damages can cover both economic losses, like lost wages, and non-economic losses, such as emotional distress.

congrats on reading the definition of Compensatory damages. now let's actually learn it.

ok, let's learn stuff

5 Must Know Facts For Your Next Test

  1. Compensatory damages can be classified into two main types: special damages, which are quantifiable economic losses, and general damages, which cover subjective non-economic harm.
  2. In defamation cases, plaintiffs often seek compensatory damages to address the harm done to their reputation and emotional well-being.
  3. The amount of compensatory damages awarded can vary significantly based on the severity of the damage caused by the defamation and the jurisdiction's laws.
  4. To receive compensatory damages in a libel case, the plaintiff must prove that the statements made were false and that they caused harm.
  5. In some cases, juries may award substantial compensatory damages when they believe that the defendant acted with actual malice or reckless disregard for the truth.

Review Questions

  • How do compensatory damages differ from punitive damages in the context of defamation cases?
    • Compensatory damages aim to make the injured party whole by covering their actual losses due to defamation, such as lost income or emotional suffering. In contrast, punitive damages serve as a punishment for the defendant's behavior and are meant to deter similar conduct in the future. While compensatory damages are intended to compensate the victim for their specific injuries, punitive damages focus on penalizing wrongdoing.
  • What factors do courts consider when determining the amount of compensatory damages awarded in a libel case?
    • Courts typically consider various factors when determining compensatory damages in a libel case, including the severity of the defamatory statement, its impact on the plaintiff's reputation, and any economic losses incurred. They also evaluate evidence of emotional distress or mental anguish caused by the defamation. The jurisdiction's standards for damage awards may also play a role in shaping the final compensation amount.
  • Evaluate how compensatory damages play a role in balancing free speech rights and protecting individuals against defamation.
    • Compensatory damages serve as a crucial mechanism in balancing free speech rights with protecting individuals from harmful defamation. While freedom of expression is a fundamental right, it should not come at the expense of someone's reputation and well-being. By awarding compensatory damages for proven defamatory statements, courts uphold accountability for false claims while still allowing for robust discourse. This balance ensures that individuals have recourse when their reputations are unjustly harmed without unduly stifling legitimate speech.
© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.
Glossary
Guides