Also known as: pecuniary injuries · pecuniary loss · pecuniary harm
Written by attorneys · grounded in primary & secondary sources — see below
Monetary harm or loss suffered by a plaintiff as a result of another's wrongful conduct.
Pearl Porter bought a parcel from Pierre Poulin after he falsely stated the zoning permitted commercial use. She justifiably relied on the statement when deciding to purchase and develop the land. When the city denied her permits, she incurred substantial out-of-pocket costs for surveys, permits, and lost opportunity that flowed directly from the misrepresentation.
Premier Manufacturing published a false report claiming that Precision Tools' equipment failed safety tests. Several long-term customers read the report and canceled orders. The lost sales produced a measurable drop in revenue that the publication directly caused.
Select any source to read its text and confirm it supports the definition.
Peak Performance recorded a false lien against Pacific Bank's property to pressure a settlement. The recorded lien prevented the bank from selling the parcel at full market price. The difference between the actual sale price and the higher price the property would have fetched constitutes the pecuniary loss from the publication.
Phoebe Park bought shares at an inflated price after the issuer's misleading statements. When corrective information reached the market, the share price fell. The resulting drop in the value of her holdings is the economic loss she seeks to recover.
Peter Park relied on an audit report prepared by an accounting firm when deciding to invest in a client company. The report contained material inaccuracies that the firm should have detected. After the investment failed, Peter suffered a direct financial loss traceable to the flawed report.
Pamela Phillips's spouse was killed in a rail accident. Before the death the spouse earned a steady wage that supported the household. The family now seeks compensation measured by the wages the spouse would have continued to earn over the remaining work-life expectancy.
A plaintiff may recover the value of the converted chattel plus further monetary losses that the deprivation legally causes, such as the cost of substitute performance or contract penalties incurred to mitigate the loss.
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No. The loss must be a monetary detriment that is legally caused by the wrong, but it can include lost profits or other economic harm proved with reasonable certainty even if the plaintiff has not yet paid a third party.
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Recovery is limited to the difference in transaction value plus other pecuniary loss caused by reliance. Expected profits that would have been realized only if the misrepresentation had been true are benefit-of-the-bargain damages and are not recoverable.
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…general damage to reputation was presumed and damages could be awarded by the jury, along with any special damages such as pecuniary loss and emotional distress. At the very least, the rule allowed the recovery of nominal damages for any defamatory publication actionable per se and thus performed "a vindicatory function…