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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 ...
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 ...
t. e. 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 ...
However, the reasoning on exemplary damages in Rookes v Barnard has remained in England, although not been followed in Canada, New Zealand or Australia. [3] In Broome v Cassell & Co Ltd, Lord Denning in the Court of Appeal called Lord Devlin's approach to exemplary damages "unworkable" and suggested it was decided per incuriam.
This page was last edited on 27 July 2006, at 20:16 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike License 4.0; additional terms may ...
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 ...
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 ...
Hadley & Anor v Baxendale & Ors [1854] EWHC J70 is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen. However, if the other party has special knowledge that the party-in-breach ...