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Hedonic damages is a legal term that first emerged in 1985 in the research of Stan V. Smith, who was a PhD student in economics at the University of Chicago. The term refers to damages for loss of enjoyment of life, the intangible value of life, as distinct from the human capital value or lost earnings value.
In a suit, pain and suffering is part of the "general damages" section of the claimant's claim, or, alternatively, it is an element of "compensatory" non-economic damages that allows recovery for the mental anguish and/or physical pain endured by the claimant as a result of injury for which the plaintiff seeks redress.
This could include back-pay, job reinstatement, attorney's fees, expert witness fees, court costs, other compensatory damages, and punitive damages. Age-based discrimination and gender-based wage discrimination are not eligible for compensatory or punitive damages, but instead are limited to liquidated damages equal to the amount of back pay.
It was finally upheld by the Constitutional Court in 1998, stating no matter what was the difference between existence of a child and parents' obligation to pay maintenance in terms of damage, because the recognition of a child as a person after Art. 1 I GG did not lay on the undertaking that obligation by parents. [17]
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. [1] To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss.
This means employers must pay qualifying employees who take a leave of absence to care for a family member, including a parent. However, paid FMLA is only a temporary solution for most family ...
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.
Specifically, it measures the value of something before and after the causative act or omission creating the lost value in order to calculate compensatory damages. [ 1 ] In legal damages theories, diminution in value is often calculated for compensatory special damages when a loss is monetarily quantifiable, and for restitution or disgorgement ...