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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.
Damage to the party against whom the breach occurs. [10] The first element may, in employment-at-will jurisdictions, be held fulfilled in regards to a previously unterminated employer/employee relationship. In California, these are the elements of negligent interference with prospective economic advantage, which the plaintiff must establish:
Punitive damages are taxable: Some judgments and settlements include an award for punitive damages against the defendant. These damages can provide a substantial payout to the plaintiff ...
Punitive damages (sums intended to punish the defendant) may be awarded in addition to actual damages intended to compensate the plaintiff. Punitive damage awards generally require a higher showing than mere negligence, but lower than intention. For instance, grossly negligent, reckless, or outrageous conduct may be grounds for an award of ...
In contract, damages is a remedy to provide monetary compensation for loss; and damages may be unliquidated (general damages), or liquidated (pre-determined). In the absence of an out-of court settlement, unliquidated damages must be ascertained by a court or tribunal, whereas liquidated damages will be determined by reference to the contract ...
Last January, a jury awarded Carroll $83.3 million in compensatory and punitive damages. Neither verdict found Trump "liable for rape" as that term was legally defined at the time.
Generally, punitive damages, which are also termed exemplary damages in the United Kingdom, are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.
The amount of the settlement was not immediately disclosed. Prior to the settlement, Smartmatic had suffered a setback that included the judge ruling out their ability to seek punitive damages at ...