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Some jurisdictions recognize a form of damages, called, aggravated damages, that are similar to punitive or exemplary damages. Aggravated damages are not often awarded; they apply where the injury has been aggravated by the wrongdoer's behaviour, for example, their cruelty. [39]
However, the reasoning on exemplary damages in Rookes v Barnard has remained in England, although not been followed in Canada, New Zealand or Australia. [3] In Broome v Cassell & Co Ltd, Lord Denning in the Court of Appeal called Lord Devlin's approach to exemplary damages "unworkable" and suggested it was decided per incuriam.
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.
15 months was a more reasonable period of notice, as 24 months was indicative of an element of aggravated damages having crept into the trial judge's determination, [15] [16] and aggravated damages did not apply. as Vorvis held that any damages beyond compensation for breach of contract for failure to give reasonable notice "must be founded on ...
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.
It certainly enunciated the principle that an employee cannot recover exemplary or aggravated damages for wrongful dismissal. That is still sound law. The actual decision is only concerned with wrongful dismissal. It is therefore arguable that as a matter of precedent the ratio is so restricted.
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.
The plaintiff in this case was Michael O'Brien, who had been wrongfully convicted of a murder in Cardiff in 1987. In addition to receiving compensation from the Home Office for the eleven years he spent in prison, O'Brien was seeking aggravated and exemplary damages from South Wales Police for malicious prosecution and misfeasance in public office.