non-compensable damage
[non-kəm-ˈpen-sə-bəl ˈda-mij]
nounpl: non-compensable damages
dano não indenizável
1. Harm or injury that cannot be remedied through monetary compensation under law, typically referring to losses that are immeasurable or excluded from liability coverage
The emotional distress caused by the incident was deemed non-compensable damage in the lawsuit.
O sofrimento emocional causado pelo incidente foi considerado dano não indenizável no processo judicial.
2. In insurance and tort law, injuries or losses that fall outside the scope of what can be legally recovered as damages
Punitive damages were excluded as non-compensable damage under the insurance policy's terms.
Os danos punitivos foram excluídos como dano não indenizável nos termos da apólice de seguro.
3. Harm that cannot be quantified or remedied by payment of money
The loss of reputation was treated as non-compensable damage by the court.
A perda de reputação foi tratada como dano não indenizável pelo tribunal.
In Brazilian legal practice, non-compensable damages reflect the civil law tradition's approach to limiting recovery to measurable, quantifiable losses. This contrasts with common law systems where certain categories (like emotional distress) may be more readily compensable. The distinction is important in insurance disputes and personal injury claims in Brazil, where courts strictly interpret what constitutes indenizável (compensable) versus what falls outside recovery.
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