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Examples of statutory authorisation of punitive damages (the third Rookes category) include section 34 of the Crime and Courts Act 2013, which allows claimants to seek, and courts to grant, exemplary damages against news media publishers when they show a "a deliberate or reckless disregard of an outrageous nature for the claimant's rights". [13]
Special damages compensate the claimant for the quantifiable monetary losses he has suffered. [13] For example, extra costs, repair or replacement of damaged property, lost earnings (both historically and in the future), loss of irreplaceable items, additional domestic costs, and so on. [14] They are seen in both personal and commercial actions.
The type of claim giving rise to the damages, such as whether it is a breach of contract action or tort claim, can affect the rules or calculations associated with a given type of damages. [3] For example, consequential damages are a potential type of expectation damages that arise in contract law.
In common law legal systems, the term of art 'vindicatory damages' is a taxonomic label to describe a certain type of damages awarded by courts to individuals who have suffered a legal wrong. Vindicatory damages are distinct from other forms of damages, as they are awarded for the primary purpose of recognizing and affirming the inherent value ...
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It awarded him £1,000 in compensatory damages for the publication of the 60 proof copies, £14,000 in compensatory damages for the publication of the hardback edition of the book, and £25,000 by way of exemplary damages, against both Irving and Cassell Ltd. [11] The total, £40,000 in damages, was the highest award for libel in England up to ...
However, the reasoning on exemplary damages in Rookes v Barnard has remained in England, although not been followed in Canada, New Zealand or Australia. [3] In Broome v Cassell & Co Ltd, Lord Denning in the Court of Appeal called Lord Devlin's approach to exemplary damages "unworkable" and suggested it was decided per incuriam.
Damages for breach of contract is a common law remedy, available as of right. [1] It is designed to compensate the victim for their actual loss as a result of the wrongdoer’s breach rather than to punish the wrongdoer. If no loss has been occasioned by the plaintiff, only nominal damages will be awarded.