contracts

compensatory damages

Compensatory damages are money awarded by a court to compensate the injured party for the actual loss caused by a breach of contract or other wrong, putting them in the position they would have been in if the contract had been performed. They must be proven and reasonably certain. Unlike liquidated damages, the amount is not set in advance by the contract, and unlike punitive damages, they are not meant to punish.

Exam tip
Exams contrast compensatory (actual, proven loss) with liquidated (pre-agreed, often the earnest money) and specific performance (court orders the sale).
Example
A seller backs out, and the buyer has to pay $15,000 more for a comparable house; a court awards the buyer $15,000 in compensatory damages.

Related terms & state variants

Sources

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Last verified: 2026-10-23