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To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages. [2] Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages ...
In a case in which exemplary damages are appropriate, a jury should be directed that if, but only if, the sum which they have in mind to award as compensation (which may of course be a sum aggravated by the way in which the Defendant has behaved to the Plaintiff) is inadequate to punish him for his outrageous conduct, to mark their disapproval ...
Aggravated damages – In contrast to exemplary damages, compensation are given to the plaintiff when the harm is aggravated by the defendant's conduct. For example, the manner of this wrongful act increased the injury by subjecting the plaintiff to humiliation, insult.
The total compensation awarded to Ms Flanagan included £27,663 for past financial losses, £25,000 for injury to feelings and £5,000 in aggravated damages. You can follow BBC Berkshire on ...
Compensatory damages In cases where the claimant has suffered ascertainable costs, it is easy to determine the amount of compensatory damages. In other cases where the liability results from the defendant failing to perform a service, it is necessary to calculate compensatory damages by inquiring how much it would cost for a third party to ...
In the United Kingdom, the Damages Act 1996 gives the Lord Chancellor the ability to set a discount rate which courts must consider when awarding compensation for future financial losses in personal injury cases, reflecting the expectation that a lump sum compensation payment will attract investment interest. In 2001 this rate was set at 2.5%.
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.
This type of damage is simple to calculate where it would cost as much as the loss of the injured party and in return giving back the exact service. [6] Calculating for the compensation or the money of the loss for the non-breaching party is easy. Compensatory damages is a fixed amount of compensation.
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