ABRIDGMENT OF DAMAGES Meaning and
Definition
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Abridgment of damages refers to the reduction or limitation of the amount awarded as compensation or reparation for harm or loss caused by a defendant's wrongful actions or omissions. It is a legal concept that aims to ensure that the injured party is reasonably and fairly compensated, while also preventing excessive or extravagant awards.
When a court applies the principle of abridgment of damages, it carefully assesses and reduces the amount sought by the plaintiff to an appropriate and justifiable level. This may be done to prevent an injurious or disproportionate financial burden on the defendant, given the circumstances of the case. It commonly occurs in situations where the original amount claimed by the plaintiff is deemed excessive or speculative.
Several factors are considered during the abridgment of damages process, including the severity of the harm suffered, the foreseeability of the defendant's actions, the plaintiff's contributory negligence, and the availability of alternative remedies. The court also takes into account any relevant legal principles, such as the principle of restitution or the statutory limitations on damage awards.
Overall, abridgment of damages is a mechanism used by courts to strike a balance between providing adequate compensation for injured parties and preventing unjust enrichment or overly burdensome liability for defendants. It aims to achieve fairness and reasonableness in the compensation awarded, ensuring that the injured party is appropriately recompensed while guarding against excessive financial harm to the defendant.
