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Special damages compensate the claimant for the quantifiable monetary losses he has suffered. [13] For example, extra costs, repair or replacement of damaged property, lost earnings (both historically and in the future), loss of irreplaceable items, additional domestic costs, and so on. [14] They are seen in both personal and commercial actions.
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.
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 ...
In Australia, punitive damages are not available for breach of contract, [5] but are possible for tort cases.. The law is less settled regarding equitable wrongs. In Harris v Digital Pulse Pty Ltd, [6] the defendant employees knowingly breached contractual and fiduciary duties to their employer by diverting business to themselves and misusing its confidential information.
Starks seeks $150k in damages In preparing his case, Starks spent over $150,000 in hiring experts, investigators, reconstructions, attorney fees and other items and services needed to prepare a ...
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 ...
Aggravated assault, on the other hand, is a felony charge. In worst cases, the offender may face a life sentence. ... are more about the victim receiving compensation for potential damages from ...
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 ...