False Friends in Legal English: Why Damages Doesn’t Mean What You Think It Does

Paula Klammer
Aug 16
3 min read

When drafting or reviewing in English, have you ever used damages for terms like daños, danni, or dommages without a second thought?

You’re not alone, but that one word might be distorting the meaning of your entire clause.

As a lawyer-linguist, I’ve reviewed countless contracts and legal translations where the term damages is used too liberally, creating confusion or even legal risk. And it’s no wonder. If your first language is Spanish, Italian, Portuguese, French, or another Romance language, the equivalent of damages in your legal system likely looks and sounds very familiar.

But it isn’t the same. At least, not always.

⚠️ And this matters for anyone working internationally, whether you are a translator, lawyer, or consultant, because using damages incorrectly can undermine your credibility with clients, colleagues, and courts. It can signal a shaky understanding of legal terminology in English, even if your legal analysis is perfectly sound. Worse, it can lead to miscommunication about remedies, contract clauses, or litigation strategy, especially when advising clients who rely on you to explain how a case or claim might unfold.

Mastering these nuances isn't just about being accurate, it’s about being trusted.

So let’s unpack why this term (and a few related ones) don’t translate as neatly as you might think and what to say instead.

What Damages Actually Means in Legal English

In English-language contracts and common law systems, damages (always plural) refer to a monetary award ordered by a court to compensate for a legal wrong.

That’s very different from how many civil law systems use the equivalent term. For instance, daños in Spanish or danni in Italian are often more general, referring to any type of harm such as physical, environmental, or reputational, not just legal compensation.

That mismatch leads to some classic language traps. Let’s walk through four of the most common ones and how to avoid them.

1. ❌ Getting Damage and Damages Right

In many languages, the general concept of harm is expressed with a plural noun, but in English it’s usually uncountable: damage.

✅ Use damage for general harm.

✅ Use damages only when referring to court-ordered monetary compensation.

Example:

❌ The company is responsible for the damages caused by the breach.

✅ The company is responsible for the damage caused by the breach.

When referring to compensation:

❌ The client is entitled to a damage for losses incurred.

✅ The client is entitled to damages for losses incurred.

2. ❌ Actual damages ≠ “Current” or “Ongoing” Damage

In legal English, actual damages means compensatory damages for real, proven loss, as opposed to speculative or punitive damages.

In many civil law systems, the false friend here is interpreting actual as current, for example daño actual (Spanish), danno attuale (Italian), dommage actuel (French), or aktueller Schaden (German), which refers to the timing of the harm, not the remedy.

The better counterpart in civil law terminology is direct loss or the Roman-law-based damnum emergens, which means tangible, financial harm already suffered.

Example:

❌ The contractor is liable for the actual damages resulting from the defect.

✅ The contractor is liable for compensatory damages for the direct loss resulting from the defect.

3. ❌ Material damages ≠ Property Damage

Terms like daños materiales, danni materiali, or dommages matériels often refer to physical harm to property or monetary loss.

But material damages is not a standard legal term in English. Instead, say:

property damage
monetary loss
out-of-pocket expenses

Example:

❌ The tenant is responsible for the material damages to the apartment.

✅ The tenant is responsible for the property damage to the apartment.

4. ❌ Moral damages ≠ What You Think It Means

Many civil law systems recognize moral damages, meaning harm to dignity, emotional suffering, or reputational harm (daños morales, danni morali, dommages moraux).

But moral damages is not idiomatic in English legal usage.

Instead, use:

pain and suffering
emotional distress
non-economic damages

Example:

❌ The plaintiff is seeking moral damages for the harm to her reputation.

✅ The plaintiff is seeking damages for pain and suffering caused by reputational harm.

🎯 Why Precision Matters in Legal English

Small word choices can lead to big misunderstandings, especially in cross-border contracts or litigation. What looks like a perfect match in the dictionary often carries very different legal consequences.

Understanding the legal function of a term is more important than translating it literally.

📩 Want More Legal Language Tips Like This?

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