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Punitive Damages
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. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed to be an inadequate remedy by themselves. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
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. 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 is rarely recognized for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a '' weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It shares Anglo-Scottish border, a land border with Scotland to the north and England–Wales border, another land border with Wales to the west, and is otherwise surrounded by the North Sea to the east, the English Channel to the south, the Celtic Sea to the south-west, and the Irish Sea to the west. Continental Europe lies to the south-east, and Ireland to the west. At the 2021 United Kingdom census, 2021 census, the population was 56,490,048. London is both List of urban areas in the United Kingdom, the largest city and the Capital city, capital. The area now called England was first inhabited by modern humans during the Upper Paleolithic. It takes its name from the Angles (tribe), Angles, a Germanic peoples, Germanic tribe who settled du ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission (England And Wales)
In England and Wales the Law Commission () is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chair (a judge of the High Court or Court of Appeal, currently Sir Peter Fraser LJ) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. Every t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Addis V Gramophone Co Ltd
''Addis v Gramophone Co Ltd'' 909AC 488is an old English contract law and UK labour law case, which used to restrict damages for non-pecuniary losses for breach of contract. Facts Mr Addis was Gramophone’s manager in Calcutta. In October 1905, he was given six months' notice of dismissal as legally required and a successor was appointed. However, Gramophone also immediately took steps during this six-month period to prevent Addis acting as manager, resulting in Addis leaving his job two months later and returning to England. This was humiliating. The jury awarded Addis £340 for loss of commissions and £600 for wrongful dismissal. Could there be damages for the manner of dismissal? The Court of Appeal had allowed damages for the manner of the dismissal. Submissions ;Duke KC and Groser, for the appellant. ;Lush KC (Schiller with him), for the respondents. Judgment Lord Loreburn held that £600 was not allowed, that he could only recover his six-month salary and no more. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright, Designs And Patents Act 1988
The Copyright, Designs and Patents Act 1988 (c. 48), also known as the CDPA, is an Act of Parliament, Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of Copycopyright law (including performing rights) in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents. Essentially, the 1988 Act and amendment establishes that copyright in most works lasts until 70 years after the death of the creator if known, otherwise 70 years after the work was created or published (50 years for computer-generated works). In order for a creation to be protected by copyright it must fall within one of the following categories of work: literary work, dramatic work, musical work, artistic work, films, sound recordings, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime And Courts Act 2013
The Crime and Courts Act 2013 (c. 22) is an Act of Parliament of the Parliament of the United Kingdom introduced to the House of Lords in May 2012. Its main purpose is to create the United Kingdom National Crime Agency which replaced the Serious Organised Crime Agency. Part 2 of the Act relaxes the rules on filming court proceedings under controlled circumstances, and amends the rules on 'self-defence'. It also enacts changes to press regulation in response to the Leveson Inquiry into the ethics and behaviour of the media. The Act has three parts. Part 1: The National Crime Agency Part 1 has sixteen sections involved in the creation of the National Crime Agency, which the Home Office calls 'a national crime-fighting agency'. The NCA incorporates the Serious Organised Crime Agency, the Child Exploitation and Online Protection Centre and the National Cyber Crime Unit. The Act also abolishes the National Policing Improvement Agency. Section 13 of Part 1 prohibits any officer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Broome V Cassell & Co Ltd
''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 (naval), Captain Jack Broome, a distinguished retired Royal Navy officer, sued Cassell (publisher), Cassell Ltd and David Irving for libel for publishing a book by Irving on the destruction of Convoy PQ 17 in 1942. The book alleged that the destruction of the convoy was in large part due to Broome's conduct, even though Broome's superiors had absolved him of any blame at the time. After a three-week trial in the High Court of Justice, High Court, a jury awarded Broome £40,000 in damages, including £25,000 in Punitive damages, exemplary damages (also known as punitive damages), the highest award for libel made in England up to that time. The defendants appealed to the Court of Appeal (England and Wales), Court of Appeal in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of island countries, sixth-largest island country by area and lies east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The Geography of New Zealand, country's varied topography and sharp mountain peaks, including the Southern Alps (), owe much to tectonic uplift and volcanic eruptions. Capital of New Zealand, New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and subsequently developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller islands. It has a total area of , making it the list of countries and dependencies by area, sixth-largest country in the world and the largest in Oceania. Australia is the world's flattest and driest inhabited continent. It is a megadiverse countries, megadiverse country, and its size gives it a wide variety of landscapes and Climate of Australia, climates including deserts of Australia, deserts in the Outback, interior and forests of Australia, tropical rainforests along the Eastern states of Australia, coast. The ancestors of Aboriginal Australians began arriving from south-east Asia 50,000 to 65,000 years ago, during the Last Glacial Period, last glacial period. By the time of British settlement, Aboriginal Australians spoke 250 distinct l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
