| He submitted that the common law remedy of damages, however, would be obtainable. |
|
| All three Petitions include the same constellation of facts, dates, actions, omissions, documents, witnesses and alleged damages. |
|
| There are other, often more immediately beneficial, sources of assistance during unemployment besides recourse to the courts for damages. |
|
| The facts in those cases were not typical and questions of recoverability of damages could have been critical. |
|
| He said that damages were not recoverable for breach of the minimum commitment clause. |
|
| A number of jurisdictions allow for recovery of the cost of child rearing as an element of damages. |
|
| Secondly Mr Hobbs submits that in an action for malicious falsehood recovery of damages is permitted even where there is no loss of reputation. |
|
| There might be punitive damages as well as reimbursement of litigation costs and legal fees. |
|
| She was released without charge, and sought damages for wrongful arrest and false imprisonment. |
|
| As a result, the defendants deny that the plaintiff is entitled to damages for wrongful dismissal. |
|
| He also claimed damages for wrongful dismissal, mental distress and punitive damages. |
|
| Either he cannot claim workers compensation or he takes his chances and claims common law damages and sues. |
|
| A judge has ruled against a film company that sought damages from an animal wrangler after her mule failed to cooperate while filming. |
|
| The suit demanded that Seaman surrender the rights to 374 photos he took of the Lennon family and pay unspecified damages. |
|
| The high solvency of chlorocarbons damages the human nervous system and many other body systems including genetics and the immune function. |
|
| It is deemed to continue, moreover, until the conclusion of enforcement proceedings in which the amount of any damages owing is calculated. |
|
| If a plaintiff wins his suit in public nuisance, he can receive both money damages and injunctive relief. |
|
| They are the result of negligence and for that we ought to have the right to sue for damages. |
|
| Rehabilitation and repairing of the infrastructure damages would be another huge task when the water subsides. |
|
| It wouldn't be necessary to re-try the whole case all over again to determine the question of damages. |
|
|
|
| Her claim for damages was still under consideration by City Hall when yesterday morning's flood waters submerged her home. |
|
| There is no challenge to this as an accurate record of the way in which the plaintiff mounted the claim for damages. |
|
| There was a lot of ice and gravel on the road that damages the studs, and I felt the car moving around a lot. |
|
| In all of the circumstances, judgment will issue in favour of the plaintiffs against the defendant for the damages hereinbefore referred to. |
|
| Some big merchants who opted out of the class action, including Home Depot, are still seeking damages in other suits. |
|
| It damages unborn babies, and may cause miscarriage if the mother catches the disease while pregnant. |
|
| Like a disreputable character who wins a libel action on a technicality, he should be given a ha'p'orth of damages, if any. |
|
| What Mrs. Alexander is really saying is that trial attorneys won't make as much money if punitive damages are capped. |
|
| This is the starting point for any discussion of the availability of exemplary damages in the modern law. |
|
| Second, punishments are intended to be painful or burdensome, whereas civil damages are not. |
|
| The record does not contain the trial court's calculations for determining the damages. |
|
| The third-party spoliator must overcome the rebuttable presumption or else be liable for damages. |
|
| Is the liquidated damages provision valid or is it void for uncertainty or inoperable? |
|
| Now that the Privy Council has confirmed the right of vindicatory damages, there will likely be many more. |
|
| The Canadian company has been budgeting for damages by setting aside money in an escrow fund. |
|
| The family spoke of bringing the civil action for damages as recently as four weeks ago. |
|
| The case concerned a claim for damages arising from the negligence of a solicitor instructed in a conveyancing transaction. |
|
| Default judgments including damages for economic loss, pain, suffering and solatium were given. |
|
| Pressure in the eye builds up and damages the optic nerve and nerve fibres of the retina, leading to glaucoma. |
|
| Multiple sclerosis is a degenerative nerve disease that damages the protective fatty sheath around nerves in the brain and spinal cord. |
|
|
|
| Unmarried pregnant women sometimes requested damages from the judge, suing the father for breach of promise. |
|
| Would an action for damages for breach of promise of marriage be within this? |
|
| An alternative to limitation of liability clauses are liquidated damages clauses. |
|
| Good advocacy but unsound principle, for damages are to compensate the victim not to reflect what the wrongdoer ought to pay. |
|
| Time now has smoothed away both the damages of runaway inflation and the hurts of the Kerr dismissal. |
|
| Is he exempt if he damages a tail-end batsman when bowling a bouncer at their heads? |
|
| The issue raised is much more in the nature of a counterclaim for unliquidated damages. |
|
| Should the counterclaim by the defendants for unliquidated damages be stayed pending arbitration? |
|
| In contrast the claim against PW is for unliquidated damages for professional negligence. |
|
| Mr. Zarnett submits that the principle applies not only to cross-claims for debt but to cross-claims for unliquidated damages as well. |
|
| Inexact or unliquidated losses are compensated by an award of general damages. |
|
| If he did, he ought then to have made enquiries as to whether it was possible to claim damages. |
|
| The claim being for unliquidated damages, the motion was required by Rule 19.05 to be supported by affidavit evidence. |
|
| Chronic stress also unleashes an army of free radicals that damages body and brain cells. |
|
| A solicitor believes a ruling that saw a former boilermaker whose wife died from asbestos exposure stripped of his damages could affect others. |
|
| It also ordered both the tenant and the undertenant to pay damages based on the lost premium. |
|
| Ecstasy damages connections in the brain which regulate the human body clock, according to a new study. |
|
| Finally Lady Gordon was forced to pay damages to the women whose good names had been dragged through the mud. |
|
| Plaintiffs sometimes prefer Title IX because it does not have any administrative prerequisites and damages are uncapped. |
|
| Dr Gruer said it looks likely that the infection produces a toxin which enters the circulation and damages vital organs, including the heart. |
|
|
|
| It damages the lungs and other internal organs, and blisters the skin and eyes. |
|
| The failure of a plaintiff to offer an undertaking as to damages is sometimes treated as a bar to the grant of interlocutory relief simpliciter. |
|
| In 1864, the owner of a blind pig in Manchester, New Hampshire brought a suit to recover money damages for the destruction of his bar. |
|
| The acid damages cells lining the oesophagus, also known as the food pipe or gullet, which can later become cancerous. |
|
| Pressure from excess fluid or improper drainage damages the optic nerve and can lead to tunnel vision, loss of peripheral vision, or blindness. |
|
| Any order for payment of moneys on account of damages made hereunder may be enforced as a judgment of the court. |
|
| The company wants an injunction and is currently investigating monetary damages. |
|
| Is the relative modesty of the damages a reflection of the fact that the amount was determined by a judge and not by a jury? |
|
| The case itself does not stand for some principle that you must get exemplary damages where land is trespassed upon. |
|
| Usually such damages will weaken the bumper's ability to absorb the shock of collision. |
|
| I hope, when the patent goes through, they sue the shizzle out of their rivals and demand a lot of money in damages. |
|
| It turns out that the bacterium that causes leprosy directly damages a protective sheathing, made of the protein myelin, around many nerve cells. |
|
| You know what, I'm going to call a tow truck and then we'll discuss the damages, all right? |
|
| Thus, clustered damages are presumably produced by low doses of ionizing radiation such as those to which human populations may be exposed. |
|
| The latest ruling effectively means that his only remaining option in the matter is to move a civil court to seek damages. |
|
| In my view, the liability and damages are distinct issues that are severable from one another. |
|
| As between a claimant and a tortfeasor the onus is on the latter to show that the former has unreasonably neglected to mitigate the damages. |
|
| Once in the body, these unstable atoms release alpha, beta, and gamma radiation that damages dividing cells. |
|
| Certain wild fish are contaminated with mercury, a heavy metal that damages your nervous system and may increase your heart attack risk. |
|
| He had by then issued proceedings alleging repudiatory breach of an implied term of merchantable quality and claiming damages. |
|
|
|
| Intense ultraviolet radiation, especially at higher elevations, damages soil tilth. |
|
| He then went on to consider the question of damages and concluded that damages for injured feelings and mental suffering were recoverable. |
|
| Furthermore, successful recovery for damages on behalf of injured consumers may be difficult or impossible. |
|
| In addition to a claim for damages, an injured employee may also have a claim for various social security benefits. |
|
| The concentration on punishment damages the national debate by focussing all attention on revenge. |
|
| Strict limits on the ratio of punitive to compensatory damages would elevate the importance of accurate measurement of compensatory harm. |
|
| The force of that argument depends upon the basis upon which the measure of damages is arrived at. |
|
| This second possibility was the basis on which the judge awarded her damages. |
|
| However, there is considerable evidence suggesting that secondary smoking damages people's health. |
|
| A matchmaking service has been ordered to pay financial damages for introducing a woman to a future husband whom she says beat her. |
|
| It also damages plants and animals, including the plankton that sustains the marine food chain. |
|
| Both men believe they should be entitled to damages, as well as to their backpay. |
|
| To put it in plain English, chemotherapy damages normal cells as well as malignant ones. |
|
| Lord Steyn was contrasting damages for malicious falsehood with damages for libel. |
|
| Consequently it limited the damages in such cases unless the plaintiff proved actual malice. |
|
| This month the court of appeal upheld the High Court's award of damages for infringement of his copyright. |
|
| The case that was put by the appellants was there should be no award for these damages. |
|
| Parenthetically, it is inconsistent with his submission that there should be no award of damages for loss of opportunity. |
|
| The commission also recommends that social welfare payments should be deducted from the appropriate component of any award of damages. |
|
| We are not told how this action is being funded, or who is to benefit and to what extent from any award of damages. |
|
|
|
| Hence any award of damages has to be reduced on account of that by one-third. |
|
| It followed that the master's award of damages for the owner's increased costs of completion had to be set aside. |
|
| The bailout bill limits the amount of damages the victims can collect, by forbidding any award of punitive damages against the airlines. |
|
| When high-energy beams of radiation pass through the food, it damages the DNA of these microorganisms. |
|
| But who ultimately picks up the tab for damages awarded against the County Council? |
|
| This is in fact what he did and the price he offered is a reasonable basis to assess damages in this case. |
|
| He is seeking unspecified damages from the airlines for personal injury, negligence and assault and battery. |
|
| The plaintiff began proceedings against the Chief Constable claiming damages for wrongful arrest and false imprisonment. |
|
| This is an assessment of the general damages arising from the second incident. |
|
| The first application arises from an action for damages against the Northern Territory. |
|
| Holders should be liable for damages arising from the loss of a card until the consumer notifies the issuer. |
|
| A claim is defined as a claim for damages for negligence arising out of a motor vehicle accident. |
|
| The insurance will cover damages arising as a result of an accident, medical costs, expatriation but not the theft of personal property. |
|
| Reading a book damages the spine, which reduces its attractions for potential buyers. |
|
| The system, in the form of antibodies, attacks and damages the nerve signal reception areas in the body. |
|
| The Supreme Court ruled the charges were unlawful and granted unspecified damages to the airline. |
|
| This has been attributed to a rise in criminal damages offences which made up a quarter of all recorded crime. |
|
| As in litigation, contract breach and damages must also be proved in arbitration. |
|
| Thousands of pounds worth of damages could be paid out to families who saw false allegations of ritual abuse made against them. |
|
| The Ohio intermediate appellate court ordered a new trial on the issue of damages. |
|
|
|
| This complication is much more common if you smoke, as smoking damages blood vessels. |
|
| They claim that the modified atmosphere packaging process damages vitamin C and antioxidants in lettuce leaves. |
|
| These damages are measured by how much the libelous statements lower the plaintiff's reputation. |
|
| The law provides currently for serious damages to depositors in the event of a possible bank crisis when the Bulgarian lev would be depreciated. |
|
| In both Alan's and Andrew's case there is the problem of the measure of damages if O revokes before A's completion. |
|
| The plaintiffs sought an injunction requiring the defendants to abate the nuisance as well as damages. |
|
| The lessee and the reversioners brought separate actions against the company for an injunction and damages in respect of the nuisance and injury. |
|
| Funds are held in trust by the courts for around 22,000 people, such as minors and wards of court, who have been awarded damages. |
|
| It follows that the quantum of damages in private nuisance does not depend on the number of those enjoying the land in question. |
|
| Courriere denies the plaintiff's allegations and disputes the quantum of damages in his statement of defence. |
|
| The precise quantum of the damages was a relatively minor point in this action and should not be difficult to resolve. |
|
| Counsel for the Defendants denies liability and contests the quantum of damages. |
|
| The authorities give judges no help in directing juries on the quantum of exemplary damages. |
|
| That judgment reflected a reduction in the agreed quantum of damages suffered by the plaintiff. |
|
| Under Bill 164 the only issue is the quantum of general damages in light of his injuries. |
|
| Assessing his prospects of success in those claims and the quantum of any damages requires many of the underlying issues to be tested or tried. |
|
| In effect, Dr. Rosen did not give a report on the quantum of damages suffered by the plaintiff. |
|
| There is an alternative claim for damages for anticipatory breach of contract. |
|
| However the damages and injuries from the accidents so far this year surpassed those of last year. |
|
| A company can be ordered to pay substantial damages, including back pay, for retaliating against whistle-blowers. |
|
|
|
| It may even be that the House may find it necessary to place some arbitrary limit on awards of damages that are made by way of punishment. |
|
| Unfortunately, basic contract principles collide with his request for damages. |
|
| At the end of August solicitors acting on behalf of Mr King launched a claim for damages at London's High Court. |
|
| That case was not concerned with public law but was a civil action for damages. |
|
| He or she sues not only for personal injury but for damages for the loss or destruction of the motor vehicle. |
|
| After his accident in the spring of 1988, Kenneth sued for damages in a civil action. |
|
| The first chance event is whether the plaintiff decides to bring an action for common law damages. |
|
| In an action for damages for personal injury, the claimant must prove either physical injury or a recognised psychiatric injury. |
|
| Courts have rejected the claims of people who tried to recover damages for pain and suffering and for mental anguish. |
|
| And I would not be surprised if a fair-minded jury awarded damages to the defendant! |
|
| The loss or diminution of salary and other contractual perquisites are claimed as special damages. |
|
| However, the prosecution managed to talk the court into awarding restitution for the damages that would have been incurred if he'd succeeded. |
|
| Don't try to remove the wheel clamp yourself as you can be accused of causing criminal damages. |
|
| I don't like to read books and generally advise against it, as it damages the eyes. |
|
| And when the US ignores that fact, it damages our own credibility as a global advocate of democratic reform. |
|
| She is seeking damages of 1 million koruna, daily newspaper Lidove Noviny wrote. |
|
| They obviously do not include injury to feelings or psychiatric damage, let alone aggravated damages. |
|
| We believe that to be silent about the truth damages the very fabric of our society. |
|
| Exemplary and aggravated damages in defamation cases are examples of what you say. |
|
| The clothes moth larva is the only feeding stage and therefore the only stage that damages fabrics. |
|
|
|
| The jury made plain that their award was for aggravated compensatory damages. |
|
| In the civil law if a driver goes off the road on to the pavement and injures a pedestrian, or damages property, he is prima facie liable. |
|
| Damages awarded for this type of loss are sometimes called aggravated damages, as the defendant's conduct aggravates the injury done. |
|
| Beefeater also submits that no damages should be paid to the plaintiff for mental distress, or for punitive or aggravated damages. |
|
| There is a risk of creating anomalies between damages recoverable for breach of Convention rights and those for other civil wrongs. |
|
| The sweat that stays on the skin damages skin cells and blocks duct pores resulting in sweat being trapped under the skin forming bumps. |
|
| The verdict went in favour of the companies, though with derisory damages of one farthing. |
|
| Malger seeks an award of damages for its lease fleet, annual income stream and punitive and aggravated damages. |
|
| Exemplary damages are distinguishable from basic and aggravated damages in that their only function is to punish the tortfeasor. |
|
| Was the figure, in your view, a high figure, and what's your view about the awarding of the aggravated and exemplary damages? |
|
| How can he claim damages when he has not only left the stable door open but has sent out the horse with a hefty good-luck thump on its backside? |
|
| A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but may not seek such a remedy alone. |
|
| If the damages can be repaired at minimal cost, you can pay for the repairs directly. |
|
| The Law Commission emphasised that an award of punitive damages should be seen as a remedy of last resort. |
|
| The majority of winter damages happen when boaters don't expect inclement weather and don't bother winterizing their boats. |
|
| Whistler won, but was bankrupted after the judge awarded him only one farthing's damages and told him to pay the costs of the trial. |
|
| The insured person is guilty of unconscionable conduct if he does not provide for the insurer to be recouped out of the damages awarded against the wrongdoer. |
|
| Except that when that happens, I conveniently find some bogus excuse or lame technicality to avoid paying your damages or to weasel my way into only paying part of them. |
|
| The ability to make comparisons with damages awarded for non-pecuniary losses in personal injury actions would have a salutary effect on libel juries. |
|
| X rays induce double-strand breaks both via direct absorption and radicals produced by radiolysis, which also cause a whole spectrum of other damages. |
|
|
|
| I see no difficulty in the landlord recovering damages at the market rate even though he has adduced no evidence that he would or could have relet the property. |
|
| Begg later sued the government for damages claiming Britain had been complicit in mistreating him during his detention. |
|
| It appears that your clients conduct falls within the necessary definition both for aggravated and exemplary damages, and we take a serious view of it. |
|
| The plaintiff claims damages including damages for loss of remuneration, damages for mental distress and exemplary, aggravated and punitive damages. |
|
| For example it may be easier to obtain aggravated damages in a case of unlawful means conspiracy than it would be in an action against each defendant separately. |
|
| Why is it not defamatory and why could not the appellant have recovered, in New South Wales, aggravated damages by reason of the psychiatric harm that she said she suffered? |
|
| Counsel for the plaintiff conceded that a special award claim under the insurance legislation is different from a claim for punitive and aggravated damages. |
|
| The plaintiffs also claim punitive exemplary and aggravated damages. |
|
| They could not sue for emotional distress, damages for which can only be won in a wrongful life suit. |
|
| He was also ordered to pay 150,000 kronor in damages to Lindh's family. |
|
| They are potentially liable to the artist for the artist's losses, for an allocable portion the profits they earned, attorneys fees and treble damages. |
|
| Depending on the nature of the claim, she can request substantial money damages and reimbursement of her attorneys fees in addition to back pay and reinstatement. |
|
| If the same offender is again convicted, he shall be punished as before and also abjure the city for a year and a day, as well as paying damages to any complainant. |
|
| In certain of those cases, the holdback funds were released in contravention of that agreement, and damages were incurred and calculable because of that breach. |
|
| Now, your corporate client was found liable in damages for repudiation. |
|
| As to the Claimant's claim for repudiatory breach, the entitlement to damages in respect of the same depends on the facts of each particular case. |
|
| The defendants claim rescission of the Charge Agreement or damages. |
|
| The owners of leaky homes would be eligible for general damages, including compensation for mental distress and anxiety, under legislation debated by Parliament yesterday. |
|
| However, he refused to rule out the possibility that responses to the questionnaire could be used as evidence in the company's High Court damages claim. |
|
| The majority proposal states that this is an imperfect solution, and it is, specifically because it damages the answerability of MPs that it sets out to improve. |
|
|
|
| The judge's decision to award only nominal damages in respect of the rights appurtenant to them followed from his assessment of the valuation evidence. |
|
| They have also lodged a claim for damages, aggravated damages and costs. |
|
| These are separate categories, but it does not follow that in every case of unlawful arrest by a police officer exemplary damages are appropriate. |
|
| They are sensitive to the sense of struggle and resignation in this dramatic movement and their rubato, though fluid, never damages the integrity of the underlying pulse. |
|
| First the court has made no award of damages to the claimants. |
|
| But that was the substratum for the judge's award of damages. |
|
| He says that if he wins, all money from punitive damages and any award for breach of academic freedom will go into a trust fund for academic freedom. |
|
| Take such a factor as a potentially higher award of damages. |
|
| The survey was of those who had received damages within four bands. |
|
| In papers filed in superior court in Milwaukee, the suit asks the jury to assess damages. |
|
| Grant and Deegan have, however, counterclaimed against Lamartine for damages for breach of contract and assert a set-off of the amounts owing to Lamartine. |
|
| The majority of genuine damages claims were for slips, trips and falls. |
|
| If insiders sold stock acting on proprietary knowledge that the company was failing, there are existing laws to deal with it that can require treble damages and incarceration. |
|
| There is also another parallel stream of procedure relating to proceedings brought privately, for example, proceedings to recover multiple damages, treble damages, perhaps. |
|
| His Honour did not misapprehend the facts, he did not misapply legal principle, he did not miscalculate the damages, nor did he err in the exercise of his discretion. |
|
| These public law remedies are additional to any private law remedies which would be available to him such as damages for misfeasance in public office, assault or negligence. |
|
| Later the disease damages the mitral, aortic and tricuspid valves. |
|
| It also claims damages for unlawful interference, breach of European competition rules, breach of contract and misuse of confidential information. |
|
| The singlet oxygen damages cell membranes, mitochondria and cell nuclei. |
|
| We are doing a huge amount of moldboard plowing and would really like to replace some of these passes with something that builds rather than damages the soil. |
|
|
|
| The report states that sick pay compensates for the same loss as damages for loss of earnings, so it should be taken into account in assessing damages. |
|
| Hence, where an employee receives sick pay after an accident has rendered her unfit for work, this is deducted from the amount of damages received. |
|
| In a case where the claimant is expected to require life-long medical assistance, the multiplier used is likely to exceed that employed in assessing damages for lost earnings. |
|
| Punitive damages may have little statutory guidance, but juries are similarly unguided when they calculate pain and suffering damages, which are compensatory. |
|
| Your Honours, we would submit that section 4 represents only part of the law of damages for this purpose and the common law is otherwise unimpaired. |
|
| This note is of particular significance as it shows clearly that Mr Whitley accepted that he had never considered that Jarvis would be liable to pay unliquidated damages. |
|
| The nature of a claim for unliquidated damages is wholly different. |
|
| It would not be equitable set-off because they are a mixture of liquidated and unliquidated damages that are not flowing from the same transaction. |
|
| The law suit asks for unspecified damages on behalf of Keeney and her son. |
|
| And while the suit seeks significant monetary damages, a payout is neither expected nor entirely the point. |
|
| But in litigation over breach of promise for payment of damages, it was possible that she might claim to have been engaged to a more promising man. |
|
| Cholera vibrios release a poison that damages the lining of the intestine so that it leaks fluids and salts, and as a result, the patient is intensely dehydrated. |
|
| Even if they succeed, families can win only actual and not punitive damages from the federal government. |
|
| Acceding to these requests seriously damages our understanding of conception and fatally fractures the link between parental relationships and infant nurture. |
|
| The only other issue, my Lord, is that I appreciate that since this is obiter it is unlikely on its own to attract your Lordship to the question of assessment of damages. |
|
| Why struggle even for a moment with a piece of machinery when a non-polluting hand tool, which damages the soil structure far less than even the lightest tiller, will do? |
|
| When consumed by celiac sufferers, gluten damages the lining of the small intestine, blocking nutrient absorption and leading to vitamin deficiencies. |
|
| If we do not hear favourably from you within a period of seven days from the date hereof, we are instructed to issue proceedings against you for damages. |
|
| It was decided at the time that buyers could not claim damages for overcharges by antitrust violators unless they bought the product directly from the manufacturer. |
|
| In brief, these show that the court may award damages on sales made after the expiry of a patent provided they are caused by infringements arising whilst the patent subsisted. |
|
|
|
| Another course of action is to sue for damages in the Small Claims Court. |
|
| In 1944, the Louisiana Supreme Court ordered the Texas Oil Company to pay damages to oysterman Ludwig Doucet for dumping chemical waste on his leased property. |
|
| In the circumstances we hereby hold you in default and shall claim against you all damages of whatsoever kind and howsoever arising resulting from your breach. |
|
| The money was payable as a lump sum, quantified in advance, when it could not be foreseen what damages might have to be paid in the event of an accident. |
|
| It does however allow for a reduction in damages recoverable to the extent that the court sees fit. |
|
| The contributory negligence defense can potentially eliminate the defendant's responsibility to pay damages to an injured plaintiff. |
|
| In addition to damages, the successful party is entitled to be awarded their reasonable legal costs that they spent during the case. |
|
| The basis for restitutionary damages is much debated, but is usually seen as based on denying a wrongdoer any profit from his wrongdoing. |
|
| The case has been followed in English courts, but the situations in which restitutionary damages will be available remain unclear. |
|
| They were defrauded and deserve refunds, a few pennies' worth of damages and the satisfaction of seeing the defrauders sent to jail. |
|
| Blake opened up the possibility of restitutionary damages for breach of contract. |
|
| The plaintiff thereby gains damages which are not measured by reference to any loss sustained. |
|
| These damages need not be set forth in statute as they already exist in the tradition of common law. |
|
| Plaintiffs with nontried cases receive their claimed amount multiplied by the ratio of awarded damages to claimed damages in the tried subset. |
|
| Some jurisdictions recognize a form of damages, called, aggravated damages, that are similar to punitive or exemplary damages. |
|
| They are similar to nominal damages awards, as they are given when the plaintiff's suit is trivial, used only to settle a point of honour or law. |
|
| Juries may not, however, use punitive damages to punish a defendant directly for harms that the defendant visited on nonparties. |
|
| Contemptuous damages are a form of damage award available in some jurisdictions. |
|
| Many times a party that has been wronged but is not able to prove significant damages will sue for nominal damages. |
|
| Nominal damages are very small damages awarded to show that the loss or harm suffered was technical rather than actual. |
|
|
|
| Lawmakers will provide for statutory damages for acts in which it is difficult to determine the value of the harm to the victim. |
|
| Lead is a neurotoxin that accumulates in soft tissues and bones, damages the nervous system, and causes blood disorders. |
|
| Two years after the flood, my lawyer managed to hammer out a settlement with my insurance company over the damages. |
|
| Statutory damages are an amount stipulated within the statute rather than calculated based on the degree of harm to the plaintiff. |
|
| I feel that this obligation damages pupils in terms of restricting choice and disaffecting those who do not want to learn Welsh. |
|
| Typically, these damages cannot be recovered unless the plaintiff can prove that they are reasonably likely to occur. |
|
| Cuomo's lawsuit seeks payment of damages an disgorgement of all fees by Merkin. |
|
| Speculative damages are damages that have not yet occurred, but the plaintiff expects them to. |
|
| Lawyers are preparing for what is set to be one of the largest group actions for damages against a holiday firm. |
|
| General damages are generally awarded only in claims brought by individuals, when they have suffered personal harm. |
|
| Consequently, the eventual decision is not likely to affect punitive damages in nonmaritime cases. |
|
| The cost of insuring a diversifiable risk is a simple calculation of the discounted value of expected future damages. |
|
| Judges in the United Kingdom base the award on damages awarded in similar previous cases. |
|
| These remaining DNA damages accumulate with age in mammalian postmitotic tissues. |
|
| Parties may contract for liquidated damages to be paid upon a breach of the contract by one of the parties. |
|
| Special damages are sometimes divided into incidental damages, and consequential damages. |
|
| Special damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff. |
|
| A TEENAGER who tried to claim thousands of pounds in damages from her school after injuring her back performing a headstand has lost her case. |
|
| Critics of the use of hedonic damages and the willingness-to-pay concept have attacked through several avenues. |
|
| Many states have specifically recognized hedonic damages, or loss of enjoyment of life, as a specific element of pain and suffering. |
|
|
|
| Peterson further stresses the importance of expert testimony by explaining its role in evaluating hedonic damages. |
|
| She is entitled to compensatory damages, that is, lost wages, medical expenses, pain and suffering, and hedonic damages. |
|
| Loss-of-enjoyment-of-life or so-called hedonic damages is a highly controversial topic in the forensic economics literature. |
|
| This principle governs the recovery of all compensatory damages, whether the underlying claim is based on contract, tort, or both. |
|
| Recovery of damages is subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant. |
|
| Although most of these damages are repaired, in any cell some DNA damage may remain despite the action of repair processes. |
|
| In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury. |
|
| A SCHOOLGIRL spectator hit on the forehead by an ice hockey puck at a Belfast Giants match is not entitled to damages, a judge ruled yesterday. |
|
| A welsh mp yesterday agreed to pay libel damages after a campaign against endowment policy mis-sellers backfired. |
|
| If jurors find that a preponderance of evidence supports Hamilton's legal claims, she will be entitled to monetary damages. |
|
| Assisi Animal Health explains how entropion damages eyesight and why early treatment can save your dog's vision. |
|
| He had discovered that the gases emitted from burning sugarcane bagasse produce bagassosis, an illness that damages the lungs. |
|
| Eight-year-old son Wyatt Blancheri has Hurler syndrome, a rare genetic disorder that progressively damages his organs and brain. |
|
| The ruling reinstates Assured's demands for rescissory and other damages and fees. |
|
| The policy is to give bound to the scope of people who can claim damages, how much they can claim, and within what timeframe. |
|
| In American tort law, recklessness of the tortfeasor can cause the Plaintiff to be entitled to punitive damages. |
|
| The defendants moved for judgment as a matter of law or, in the alternative, a new trial or remittitur on the issue of damages. |
|
| Pest lists and their damages on mango, dragon fruit and atemoya in Jeju, Korea. |
|
| Wanna bet the families can't afford the damages created by their goldensprog? |
|
| In 1979, the band sued the producers, settling for several million dollars in damages. |
|
