E. Remedies

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

E. Remedies

Damages may include specific items of loss,⁴⁹ injury inflicted through the destruction of a business, and even lost profits for permanent damage to a business.⁵⁰ Proof of the fact of damages, not certainty of amount is what is required.⁵¹ Punitive damages may be awarded.⁵² If a plaintiff fails to prove conspiracy, damages may still be recovered from a defendant guilty of a tort alleged to be the object of the conspiracy.⁵³ However, a plaintiff cannot recover damages for a particular act or wrong and on a conspiracy to do the act or wrong.⁵⁴

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Notes:

^[49] See Peoples Fed. S&L Ass'n v. Res. Planning Corp., 358 S.C. 460, 596 S.E.2d 51 (S.C. 2004). The court awarded damages based on diminution in market value of the property at issue. The defendants argued that damages for a temporary, non-physical injury to property is limited to the loss of rental value during the time of the temporary injury. The appellate court, however, said that the measure of damages would be appropriate where there was a physical injury to real property, but not where an economic injury has been suffered. The court also decided an award of "holding costs" — expenses such as insurance or taxes associated with "carrying" property over a period of time — was proper.

^[50] Charles v. Texas Co., 199 S.C. 156, 18 S.E.2d 719, 729 (1942) ($35,000 actual damages).

^[51] Peoples Fed. S&L Ass'n v. Res. Planning Corp., 358 S.C. 460, 596 S.E.2d 51 (S.C. 2004) ($749,767 actual damages awarded based on diminution in...