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Negligence is different in that the plaintiff must ordinarily prove a pecuniary loss in order to recover damages. In some cases, such as defamation per se, damages may be presumed. Recovery for non-pecuniary losses, such as emotional injury, are normally recoverable only if the plaintiff has also proved a pecuniary loss. [38]
These categories are referred to as heads of claim and can be divided into pecuniary and non-pecuniary subsets, analogous to the more general distinction made between economic and non-economic damages in other common law jurisdictions. Indian tort law recognises the following pecuniary heads of claim: [79] Loss of earning.
The clause will be enforceable if it involves a genuine attempt to quantify a loss in advance and is a good faith estimate of economic loss. Courts have ruled as excessive and invalidated damages which the parties contracted as liquidated, but which the court nonetheless found to be penal.
Liquidated damages, also referred to as liquidated and ascertained damages (LADs), [1] are damages whose amount the parties designate during the formation of a contract [2] for the injured party to collect as compensation upon a specific breach (e.g., late performance). [3]
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. [1] Tort law can be contrasted with criminal law , which deals with criminal wrongs that are punishable by the state.
Usually, it is controlled by the District Courts of the respective district. The District Munsif Court is authorised to try matters pertaining to certain pecuniary limits. The State Government notifies the pecuniary limits for the District Munsiff Courts. It is under the charge of a munsiff magistrate/judicial collector.
the amount of any further pecuniary loss of which the deprivation has been a legal cause. interest from the time at which the value was fixed. compensation for the loss of use not otherwise compensated. It is a generally recognized rule that interest lost from the conversion is recoverable. Loss of rental value can be considered as interest. [176]
The concept of insurable interest as a prerequisite for the purchase of insurance and distanced the insurance business from gambling, thereby enhancing the industry's reputation and leading to greater acceptance of the insurance industry.