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Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. [1] Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff ...
Rookes sued the union officials, including Mr Barnard, the branch chairman (also the divisional organiser Mr Silverthorne and the shop steward Mr Fistal). Rookes said that he was the victim of a tortious intimidation that had used unlawful means to induce BOAC to terminate his contract. The strike was alleged to be the unlawful means.
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. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss ...
Broome v Cassell & Co Ltd was an English libel case in 1970 which raised important legal issues concerning exemplary damages and the role of precedents in English law. It is also known for the involvement of the controversial writer David Irving. Captain Jack Broome, a distinguished retired Royal Navy officer, sued Cassell Ltd and David Irving ...
Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation, a breach of contract. [1] From a legal standpoint, an enforceable contract is present when it is: expressed by a valid offer and acceptance, has adequate consideration ...
Vindicatory 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 ...
Grimshaw v. Ford Motor Company (119 Cal.App.3d 757, 174 Cal.Rptr. 348) was a personal injury tort case decided in Orange County, California in February 1978 and affirmed by a California appellate court in May 1981. The lawsuit involved the safety of the design of the Ford Pinto automobile, manufactured by the Ford Motor Company.
Donselaar v Donselaar. 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).