More common to the accountant s experiences are breach of a covenant not to compete, a construction contract and a franchise agreement. Less obvious, because of the lack of a written document, are tort claims such as gross negligence, funds conversion, defamation and unfair trade practices. Types of Damages Damage awards fall into two broad categories, compensatory and punitive . Compensatory damages are awarded as a measure of the actual loss sustained. General damages are the natural, necessary and usual damages that result from the wrongful act.
Special damages are natural, but necessarily the inevitable result of the wrongful act.
Such damages do not flow directly and immediately from the act of the wrongful party, but flow from the consequences or results of the acts of the wrongful party. They are referred to as consequential damages. Punitive damages are what they appear to be, the expression of punishment for outrageous behavior. The accountant expert should be aware of rules of recovery that apply parameters to damages claims made. For example, where the claim involves income-producing assets the plaintiff has an obligation to mitigate its losses.