Measure of damages
Definition
: the method under applicable principles of law for determining the damages sustained by a party
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The measure of damages in a quasi-contract action is the amount which will compensate the party aggrieved for the detriment proximately caused thereby, and, if the obligation is to pay money, ...
4. As to the measure of damages the general rule is that the delinquent shall answer for all the injury which results from the immediate and direct breach of his agreement, but not from secondary and remote consequences.
Apportionment of Profit: As a measure of damages in patent-infringement litigation, ...
The measure of damages in negligence is to compensate the plaintiff for foreseeable losses or damage. For breach of contract, he would normally be restored to the position he would have been in had the contract been properly fulfilled.
Evidence of rental value becomes important in lawsuits in which loss of use of real property or equipment is an issue, and the rental value is the "measure of damages.
"The question ... concerns the principles upon which damages must be evaluated or quantified in terms of money. This may appropriately be called the question of measure of damages.
The ground of admitting such evidence is, that a person of disparaged fame is not entitled to the same measure of damages with one whose character is unblemished.
The most common is to assess the sum which would restore the injured party to the economic position that he or she expected from performance of the promise or promises (known as an "expectation measure" or "benefit-of-the-bargain" measure of damages).
 See also: Damages, Law, Person, Defend, Answer
  
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