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Miller v Jackson [1977] QB 966 is a famous Court of Appeal of England and Wales case in the torts of negligence and nuisance.The court considered whether the defendant - the chairman of a local cricket club, on behalf of its members - was liable in nuisance or negligence when cricket balls were hit over the boundary and onto the property of their neighbours, Mr and Mrs Miller, the plaintiffs.
The Court of Appeal, consisting of Lord Denning MR, Edmund-Davies LJ and Lawton LJ delivered a majority judgment (Edmund-Davies LJ dissenting), that the Spartan Steel could only recover the damages to their furnaces, the metal they had to discard and the profit lost on the discarded metal.
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
Weeks and Holmes also recognized that there could be damage without legal remedy if the damage occurred outside the scope of protection for legally recognized interests. Riparian owners, for example, could suffer damage from their neighbors upstream use of the water, but as long as the use was considered reasonable there would be no legal remedy.
There are two main categories of remedies which are legal remedy and equitable remedy. [6] The example for the classification of legal remedies is damage, one of the most found types of damages is the compensatory damages where it compensates directly to the injured party or the non-breaching party for the value of the loss. [6]
A draft of judgment no. 6 was sent to the parties in November 2019 and the claimants, who by that time had run out of funding, agreed a settlement of £56.75 million with the Post Office in December 2019. After legal costs of £46 million were deducted, the 555 claimants were left with less than £12 million to be divided between them. [21]
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The plaintiff, Dr. Ira Gore, bought a new BMW, and later discovered that the vehicle had been repainted before he bought it. Defendant BMW of North America revealed that their policy was to sell damaged cars as new if the damage could be fixed for less than 3% of the cost of the car. Dr. Gore sued, and an Alabama jury awarded $4,000 in compensatory damages (lost value of the car) and $4 ...