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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.
Exxon Shipping Co. v. Baker, 554 U.S. 471 (2008), was a case decided by the Supreme Court of the United States.The Court ruled in a 5-3 decision that the punitive damages awarded to the victims of the Exxon Valdez oil spill should be reduced from $2.5 billion to $500 million.
In United States law, treble damages is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff. Treble damages are usually a multiple of, rather than an addition to, actual damages, but on occasion they are additive, as in California Civil Code § 1719.
Failing to meet this condition would turn liquidated damages into an unenforceable penalty that inequitably benefits the party receiving liquidated awards. [8] Statutory damages; In certain cases, a statute dictates the amount of damages, rather than the calculation of the harm or loss endured by the plaintiff.
Bankruptcy Code Section 362(k) authorizes the imposition of punitive damages for a willful violation of the automatic stay. In determining whether to impose punitive damages, several bankruptcy ...
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.
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.
It seeks an unspecified amount of compensatory and punitive damages. (Reporting By Brendan Pierson in New York; Editing by Alexia Garamfalvi, Aurora Ellis and Tom Hogue) Show comments.