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Treble damages are usually a multiple of, rather than an addition to, actual damages, but on occasion they are additive, as in California Civil Code § 1719. When such damages are multiplicative and a person received an award of $100 for an injury, a court applying treble damages would raise the award to $300. [1] Some statutes mandate awards ...
The Supreme Court of California clarified the statute in American Philatelic Soc. v. Claibourne, stating that "the rules of unfair competition" should protect the public from "fraud and deceit". [9] In 1962, a California appellate court reiterated this rule by stating that the UCL extended "equitable relief to situations beyond the scope of ...
The California Consumers Legal Remedies Act ("CLRA") is the name for California Civil Code §§ 1750 et seq. [1] The CLRA declares unlawful several "methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer". [2]
The Fair Debt Collection Practices Act would charge up to $1,000 for every violation of its provision, which is an example of statutory damages. Treble damages is a type of statutory damages in which the amount of compensatory damages awarded to a plaintiff can be tripled given the warranty of a statute. [8]
The California Comprehensive Computer Data Access and Fraud Act is in §502 of the California Penal Code. According to the State Administrative Manual of California, the Act affords protection to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and ...
Combined with the California Disabled Persons Act (Civil Code Sections 54 – 55.32), disability access plaintiffs are allowed to tack on state claims for money damages onto requests for injunctive relief in ADA lawsuits. The act allows plaintiffs to claim treble damages with a minimum of $4000 per access violation plus attorneys fees. In most ...
In Australia, punitive damages are not available for breach of contract, [5] but are possible for tort cases.. The law is less settled regarding equitable wrongs. In Harris v Digital Pulse Pty Ltd, [6] the defendant employees knowingly breached contractual and fiduciary duties to their employer by diverting business to themselves and misusing its confidential information.
Civil conspiracy law often takes the form of antitrust lawsuits, usually litigated in federal court, where, for example, a plaintiff may seek treble damages for overpayments caused by price-fixing above a market rate. The federal Sherman Antitrust Act provides both civil and criminal penalties.