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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.
Many casual observers considered this excessive. The punitive damages were later significantly reduced by a judge on appeal, though this fact is not as widely known as the jury's initial decision. Martin v. Herzog: statutory violations and duty of care. Palsgraf v.
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 ...
Comparative negligence – A partial defense that reduces the amount of damages a plaintiff can claim based upon the degree to which the plaintiff's own negligence contributed to the damages. Most jurisdictions have adopted this doctrine; those not adopting it are Alabama, Maryland, North Carolina, Virginia, And Washington D.C.
On September 12, 2019, sex abuse lawsuits forced the Roman Catholic Diocese of Rochester for Chapter 11 Bankruptcy. [ 56 ] [ 57 ] The Diocese is the first Catholic diocese in the state of New York to file for bankruptcy and also the 20th Catholic diocese in the U.S. states to do so as well.
The six-person jury ruled Young was awarded $4 million in lost earnings, $1 million in personal damages such as pain and suffering and said that punitive damages are warranted against CNN.
The victim's attorneys said she "suffered substantial damages" as a result of the sexual abuse. More: List of priests accused of abuse by Catholic Diocese of El Paso and others in Texas
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 ...