Search results
Results From The WOW.Com Content Network
Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. [16] Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of damages.
Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.
Non-aggravated offences involving damage valued at less than £5,000 are triable only summarily by magistrates and the maximum sentence is three months' imprisonment and a fine of £2,500. If the value of the property damaged exceeds £5,000, the defendant is entitled to claim trial on indictment by a jury, but if tried summarily, may be ...
damages: as a result of that act or omission, the plaintiff suffers an injury, and; causation: the injury to the plaintiff is a reasonably foreseeable consequence of the defendant's act or omission. Some jurisdictions narrow the definition down to three elements: duty, breach and proximately caused harm. [6]
Punitive damages are entirely unavailable under any circumstances in a few jurisdictions, including Nebraska, Puerto Rico, and Washington. The general rule is that punitive damages cannot be awarded for breach of contract, but if an independent tort is committed in a contractual setting, punitive damages can be awarded for the tort. [25]
Aggravated damages are also available but only ''when the trespass to the person constitutes an affront to the claimants dignity, causing them humiliation or injury to feelings.' [17] For example, in the case of Appleton v Garrett, [43] where a dentist performed unnecessary dental treatment on patients and because of the deception of the ...
Aggravated assault involves more serious actions, such as an assault that is committed with the intent to cause a serious bodily injury, or an assault that is committed with a deadly weapon such as a firearm. Aggravated assault is typically classified as a felony offense. Modern American statutes may define assault as including:
The claimant could be awarded nominal damage, if no harm came to them because this tort is actionable per se. [22] Additionally, they could be entitled to: compensatory damages whereby you try and put the claimant in the position they would have been in before the assault occurred, [22] or the claimant could be entitled to an injunction whereby ...