Damages - Legal classification

  • Purpose of the classification: different legal treatment

    • material loss

    • damage to legally protected interests (property, life, health, freedom, ...)

    • pure economic loss

  • immaterial damage

    • Mainly: pain (including mental pain)

    • Impairment of privacy (data protection violation)

  • Positive (actual) damage or loss of profit?

    • Positive damage: actual loss suffered to the claimant’s assets.

    • loss of profit: injuring party prevents the possibility of earning money in the future