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Historically, one of the best known nominal damage awards was the farthing that the jury awarded to James Whistler in his libel suit against John Ruskin. In the English jurisdiction, nominal damages are generally fixed at £5. [31] Many times a party that has been wronged but is not able to prove significant damages will sue for nominal damages.
Damage "does not necessarily imply total loss of system functionality, but rather that the system is no longer operating in its optimal manner". [1] Damage to physical objects is "the progressive physical process by which they break", [2]: 1. and includes mechanical stress that weakens a structure, even if this is not visible. [2]: ix.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types of damages under English law, and still others that have their validity subject to ongoing debate: Injured feelings and disappointment; Injured reputation; Speculative damages; Liquidated damages and penalty; Quantum meruit [4]
Article 1465 makes the general provision that the custodian of a thing or object (bien) is liable for any damage caused by it, [129] while article 1466 provides that the owner of an animal is liable for damage or injury caused by it even if it had escaped from their custody at the time of the incident.
Corrective maintenance is a type of maintenance used for equipment after equipment break down or malfunction is often most expensive – not only can worn equipment damage other parts and cause multiple damage, but consequential repair and replacement costs and loss of revenues due to down time during overhaul can be significant.
In BMW of North America, Inc. v. Gore (1996), the Supreme Court ruled that an excessive punitive award can amount to an arbitrary deprivation of property in violation of due process. The court held that punitive damages must be reasonable, as determined by the degree of reprehensibility of the conduct that caused the plaintiff's injury, the ...
Damages in the UK are the only [4] remedy available for breach of a warranty. [citation needed] Those damages can come in different forms such as an award of monetary damages, liquidation damages, specific performances, rescission, and restitution. [5] Damages are classified as being compensatory or punitive.