Remedies · Lesson 01
Compensatory Damages
這一課問的是：P 可獲什麼補償性賠償？是否受可預見性、確定性、減損義務之限制？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. What compensatory damages may P recover — and are they limited by foreseeability, certainty, and mitigation?
這一課問的是：P 可獲什麼補償性賠償？是否受可預見性、確定性、減損義務之限制？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
compensatory damages
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Sum to compensate for actual loss caused by wrong.
補償性賠償。
general damages
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Damages naturally flowing from wrong.
一般損害。
special damages
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Particular losses; must be specifically proved.
特殊損害。
foreseeability
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Must be reasonably foreseeable at time of wrong.
可預見性。
certainty
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Damages must be proved with reasonable certainty.
確定性。
mitigation
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P must take reasonable steps to limit loss.
減損義務。
avoidable consequences
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P cannot recover for losses avoidable by reasonable effort.
可避免後果。
Issue · what this lesson is really about
What compensatory damages may P recover — and are they limited by foreseeability, certainty, and mitigation?
這一課問的是：P 可獲什麼補償性賠償？是否受可預見性、確定性、減損義務之限制？
Trigger words & phrases that should flag this issue:
lost wagesmedical expensesproperty damageemotional distresseconomic loss
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State purpose | Compensatory damages make P whole for actual loss caused by D's wrong. | 補償性賠償使 P 因 D 之不法所致實際損失獲完整補償。 |
| Apply foreseeability | Recovery limited to losses reasonably foreseeable at the time of the wrong. | 損失須於不法發生時可合理預見。 |
| Apply certainty | Damages must be proved with reasonable certainty, not absolute precision. | 須以合理確定性證明，非絕對精確。 |
| Apply mitigation | P's recovery is reduced by losses P could have reasonably avoided. | P 可避免之損失於賠償中扣除。 |
Rule Sentence · the workhorse
Compensatory damages make the plaintiff whole for actual loss caused by the defendant's wrong; recovery is limited by foreseeability at the time of the wrong, by reasonable certainty in proof, and by the plaintiff's duty to mitigate avoidable losses.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人plaintiff原告
Act 行為seeking compensation請求補償
Object 對象actual loss實際損失
Standard 法律標準foreseeability + certainty + mitigation可預見 + 確定 + 減損
Consequence 後果P made wholeP 獲完整補償
Casebook Snapshot · a real American case
Hadley v. Baxendale
Holding. Damages recoverable for breach of contract are limited to those losses arising naturally from the breach, or that were reasonably within the contemplation of both parties at the time of contracting. Special losses require notice of special circumstances at contracting.
Why it matters. Hadley is the foundation of foreseeability — the workhorse rule limiting contract damages everywhere.
Hadley：合約損害以可預見為界。
Common Mistakes · what trips students
✗ 「我的痛苦無價」 → 無金額限制。
✓ Pain and suffering must be proved with reasonable certainty.
須以合理確定性證明。
✗ 受害人可不必減損。
✓ Avoidable losses are excluded.
可避免損失被排除。
✗ future damages 可任意推測。
✓ Must rest on reasonably reliable evidence.
須基於合理可靠之證據。
Mini IRAC · build the Application
Issue. May P recover lost wages, medical expenses, and emotional distress from D's negligent driving — including the cost of foregone future surgeries?
Rule. Compensatory damages cover all losses caused by the defendant's wrong, including future losses, provided they are reasonably foreseeable, reasonably certain, and not avoidable by reasonable mitigation.
Application (model). P incurred medical expenses and lost wages, with documented evidence of future medical needs and lost earning capacity. Because compensatory damages cover actual losses limited by foreseeability, certainty, and mitigation, the fact that P's losses (medical, wages, emotional distress) are foreseeable consequences of negligent driving, are proved with reasonable certainty by medical and employment records, and were not avoidable by reasonable mitigation means each category of damages is recoverable.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, P may recover compensatory damages including medical expenses, lost wages, emotional distress, and reasonably certain future losses.
MBE Check · multiple choice
D's breach causes P to lose $100,000. P could have reduced the loss by $40,000 with reasonable mitigation efforts but did nothing. What can P recover?
Mini Essay · write the Application paragraph
Facts. D, a contractor, breaches a contract to renovate P's restaurant; renovation is delayed by 60 days. P loses $50,000 in food spoilage, $200,000 in lost profits, and $30,000 in emergency catering. P's lease required D's substantial completion within 90 days.
Call. What compensatory damages may P recover?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: