Damage (Meaning and Explanation)

We explain what a detriment is, how the law understands it and various examples. Furthermore, differences with harm and prejudice.

What is a detriment?

In legal language, we speak of damages to refer to a patrimonial detriment suffered by a natural or legal person, consequence of the actions or omissions of a third party and that normally must be compensated by the person who causes it. In the academic field, it should not however be confused with the concept of damage.

Damages are forms of material or moral impairment suffered by a person or their assets (their property). are usually attributable to one person legally considered as its contractual party (if there is a contract involved), delictual (if it is a criminal act) or quasi-delictual.

Moral injuries are part of this, such as causing trauma or emotional suffering to another, ruining their reputation in society, or acting in a way that negatively affects their interests.

The legal codes of different countries contemplate damages and their different ways of compensation, always in accordance with what is established by law, to avoid the natural human tendency to respond to one injury with another or with damage.

Examples of harm

Possible examples of damage are situations such as the following:

When a company defames its competitors spreading rumors regarding alleged irresponsibility that put their clientele at mortal risk (rumors that cannot be proven in any way), is causing them harm, since it is ruining their public image, by calling into question their work.
When a person takes longer than necessary to return money to the person who lent it to them is causing harm, given that said money could have generated profits for the lender if it had been in his possession. For this reason, compensation is usually demanded for the time exceeded.
When a company breaches a contract with another according to which he was going to carry out a job on which the profits of the other depend, causes them harm, since his breach of contract causes the others a loss of time and money earned.
When one person psychologically terrorizes another harassing her on the street and violating her privacy in different ways, is causing her criminal harm, that is, emotional and psychological harm for which she must be held responsible.

You may be interested: Natural Person and Legal Person

Difference between damage and harm

Legally, damage and harm are distinguished, since the latter term applies to immaterial damages (moral, emotional or loss of profits), while The notion of damage is reserved for material damage: destruction of property, theft of money or property, physical damage to a person, etc.

It is for this reason that we often speak of “damages” when it comes to encompassing all types of damages punishable by law: both material and immaterial, respectively.

Prejudice and prejudice

The term damage and the word prejudice are today totally different and have different meanings: while a damage is legal damage, a prejudice is a prior judgment that is, something that is assumed about something or someone before really having the opportunity to judge it.

Confusion between both terms is common, because both come from Latin praeiudiciumtranslatable as “previous judgment” or “prejudge.” But while “prejudice” remained similar to its origin and its primary meaning, the other changed to periudiciumacquiring the meaning of a harm caused to someone, perhaps motivated by previous trials in which an innocent person was judged improperly, thus staining his prestige and causing social damage.