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Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types of damages under English law, and still others that have their validity subject to ongoing debate: Injured feelings and disappointment; Injured reputation; Speculative damages; Liquidated damages and penalty; Quantum meruit [4]
Non-economic damages caps are tort reforms to limit (i.e., "cap") damages in lawsuits for subjective, non-pecuniary harms such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life.
Under common law, a liquidated damages clause will not be enforced if the purpose of the term is solely to punish a breach (in this case it is termed penal damages). [23] The clause will be enforceable if it involves a genuine attempt to quantify a loss in advance and is a good faith estimate of economic loss.
In sections 15 to 32 and 48 of the Criminal Law Act 1977, the expression "fine" includes any pecuniary penalty. [ 13 ] In England, there is now a system whereby the court gives the offender a 'fine card', which is somewhat like a credit card ; at any shop that has a paying-in machine, he pays the value of the fine to the shop, which then uses ...
Negligence is different in that the plaintiff must ordinarily prove a pecuniary loss in order to recover damages. In some cases, such as defamation per se, damages may be presumed. Recovery for non-pecuniary losses, such as emotional injury, are normally recoverable only if the plaintiff has also proved a pecuniary loss. [38]
The interests involved can be pecuniary or non-pecuniary. The existence of such conflicts is an objective fact, not a state of mind, and does not in itself indicate ...
In English law, loss of chance refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant's breach of contract or of the duty of care for the purposes of negligence deprived the claimant of the opportunity to obtain a benefit and/or avoid a loss.
In law, a non liquet (commonly known as "lacuna in the law") is any situation for which there is no applicable law. Non liquet translates into English from the Latin as "it is not clear". [ 1 ] According to Cicero , the term was applied during the Roman Republic to a verdict of " not proven " if the guilt or innocence of the accused was "not ...