Search results
Results from the WOW.Com Content Network
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.
For example, compensatory damages may be awarded as the result of a negligence claim under tort law. Expectation damages are used in contract law to put an injured party in the position it would have occupied but for the breach. [7] Compensatory damages can be classified as special damages and general damages. [8]
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
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.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
exemplary damages Donselaar v Donselaar [1982] 1 NZLR 97 is an often cited case in New Zealand regarding the legal issue of exemplary damages which held that although the ACC law prohibits damages for compensation, it does not exclude liability for punitive damages (exemplary damages).
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 ...
Penal damages are liquidated damages which exceed reasonable compensatory damages, making them invalid under common law.While liquidated damage clauses set a pre-agreed value on the expected loss to one party if the other party were to breach the contract, penal damages go further and seek to penalise the breaching party beyond the reasonable losses from the breach. [1]