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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.
Punitive damages (sums intended to punish the defendant) may be awarded in addition to actual damages intended to compensate the plaintiff. Punitive damage awards generally require a higher showing than mere negligence, but lower than intention. For instance, grossly negligent, reckless, or outrageous conduct may be grounds for an award of ...
In the United States, though rarely awarded in tort cases, punitive damages are available and are sometimes quite staggering when awarded. [ae] Limits on damages for pain and suffering are another category of tort reform. While tort compensation easily applies to property damage, where the replacement value is a market price (plus interest ...
Similar to the U.S., the courts in the United Kingdom tend to award monetary compensatory damages in tort cases. However, punitive damages are not applicable in the legal systems of the U.K. and Japan or the contractual cases in Australia and occupy a limited but expanding scope in the People's Republic of China.
Union of India, in Indian tort law is a unique outgrowth of the doctrine of strict liability for ultrahazardous activities. Under this principle of absolute liability, an enterprise is absolutely liable without exceptions to compensate everyone affected by any accident resulting from the operation of hazardous activity.
Generally, punitive damages, which are also termed exemplary damages in the United Kingdom, are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.
It applies to any dispute, action, or other controversy between you and us concerning the Services (including their price) or this Agreement, whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability or scope of this arbitration provision.
The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812, 28 U.S.C. Part VI, Chapter 171 and 28 U.S.C. § 1346) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.