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Encyclopedia results for Damages

Damages





Encyclopedia results for Damages

  1. Damages

    About the law term the television series Damages TV series other uses Damages disambiguation Globalize Common law date November 2010 Civil procedure United States In law , damages is an award of money ... damages Compensatory damages, called actual damages , are paid to compensate the claimant ... another s breach of duty. Quantum measure of damages Breach of contract duty ex contractu On a breach ... damages expectation measure or benefit of the bargain measure of damages . When it is either not possible or not desirable to award sured in that way, a court may award money damages designed ... known as the Reliance damages law reliance measure , or designed to prevent the breaching party from being unjustly enriched restitution see below . Parties may contract for liquidated damages to be paid upon a breach of the contract by one of the parties. Under common law, a liquidated damages ... it is termed penal damages . The clause will be enforceable if it involves a genuine attempt to quantify ... and invalidated damages which the parties contracted as liquidated, but which the court nonetheless found to be penal. Breach of tort duty ex delicto Damages in tort are generally awarded to place the claimant in the position that would have been taken had the tort not taken place. Damages in tort are quantified under two headings general damages and special damages. In personal injury claims, damages for compensation are quantified by reference to the severity of the injuries sustained see below general damages for more details . In non personal injury claims, for instance, a claim for professional negligence against solicitors, the measure of damages will be assessed by the loss suffered ... or accountant to assist with the quantification of the loss. General damages General damages , sometimes styled hedonic damages , compensate the claimant for the non monetary aspects of the specific .... Judges in the United Kingdom base the award on damages awarded in similar previous cases. General ...   more details



  1. Damages (disambiguation)

    wiktionary damages Damages is the money paid or awarded to a claimant in a civil action. Damages may also refer to Damages Jewish law , a range of jurisprudential topics that roughly correspond in secular law to torts Damages TV series Damages TV series , a legal drama lang he Nezikin or Damages, the fourth Order of the Mishna See also Damage disambiguation Consequential damages , one kind of damages that may be awarded to plaintiff in a civil action Expectation damages , a form of damages available as a recourse to a breached contract Liquidated damages , damages which are liquidated assessed and fixed at the date of the contract Monetary damages , money compensation given to an injured party by a liable party Punitive damages , damages awarded to mark the court s disapproval of a particular conduct Treble damages Speculative damages , claims made by a plaintiff for losses that may occur in the future Statutory damages , damages recoverable pursuant to statute disambig ...   more details



  1. Expectation damages

    Unreferenced stub auto yes date December 2009 Contract law Expectation damages are damages recoverable from a breach of contract breach of contract . Expectation damages are composed of incidental damages and consequential damages . The purpose of expectation damages is to put the non breaching plaintiff in the position he would have occupied had the contract been fulfilled. Expectation damages is to be contrasted with reliance damages and restitution restitution damages , which are limited to, or by, incidental damages. See also Smith v. Bolles , 132 U.S. 125 1889 , limiting expectation damages from fraudulent conduct to those legitimately attributable to defendant s misrepresentation, and precluding awards based on unrealized speculation. Compensatory damages Loss of chance in English law Punitive damages DEFAULTSORT Expectation Damages Category Contract law Law stub ...   more details



  1. Penal damages

    Unreferenced stub auto yes date December 2009 Contract law Penal damages are best seen as quantitatively excessive liquidated damages and are invalid under the common law . While liquidated damages are a priori calculations of expectation loss under the contract, penal damages go further and seek to penalise a party in some way for Breach of contract breach of a clause above and beyond the loss suffered by the innocent party as a result of this breach. Many clauses which are found to be penal are expressed as liquidated damages clauses but are seen by courts as excessive and thus invalid. The judicial approach to penal damages is conceptually important as it is one of the few examples of judicial paternalism in contract law. Even if two parties genuinely and without coercion wish to consent to a contract which includes a penal clause, they are unable to. So, for example, a person wishing to give up smoking cannot contract with a third party to be fined 100 each time they smoke as this figure does not represent the expectation loss of the contract. As distinguished from other types of damages Penal damages are to be distinguished from punitive damages , which are awarded in certain types of tort actions for actions which caused harm to the plaintiff. Penal damages are also different from treble damages , which are generally set by statute for certain violations of competition law and related laws. DEFAULTSORT Penal Damages Category Contract law Law stub ...   more details



  1. Consequential damages

    Unreferenced stub auto yes date December 2009 Judicial remedies Consequential damages , otherwise known as special damages , is one of the damages, the other being direct damages, that may be awarded to plaintiff in a civil action who claims that terms of an agreement were not honored... When a contract is breach of contract breached , the recognized remedy for an owner is recovery of damages that result directly from the breach, such as the cost to repair or complete the work in accordance with the contract documents, the loss of value of lost or damaged work. Consequential damages also sometimes referred to as indirect or special damages , include loss of product and loss of profit or revenue and may be recovered if it is determined such damages were reasonably foreseeable or within the contemplation of the parties at the time of contract formation. This is a factual determination that could lead to the contractor s liability for an enormous loss. For example, the cost to complete unfinished work on time may pale in comparison to the loss of operating revenue an owner might claim as a result of late completion. The Supreme Court of the United States Supreme Court has United States v. 50 Acres of Land held that consequential damages are not available in Federal Takings clause takings . An example of a situation where consequential damages is rewarded Two parties enter into a contract for the sale of an antique doll for 5,000. The seller finds out that buyer intends to re sell doll to a collector for a 10 profit. Seller breaches the contract and sells it him herself to the collector doll s value at time of breach is 6,000. Total measure of damages compensatory damages and consequential damages lost profit . The Damages Compensatory Damages equals 1000 6000 5000 . The Consequential damages equals 500 5000x.10 . DEFAULTSORT Consequential Damages Category Judicial remedies Law term stub ...   more details



  1. Treble damages

    Judicial remedies Treble damages , in law , 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 , generally in order to punish the losing party for willful conduct. Treble damages are a multiple of, and not an addition to, actual damages. Thus, where a person received an award of 100 for an injury, a court applying treble damages would raise the award to 300. ref See, for example, Lowry v. Tile, Mantel & Grate Asso. , Case citation 106 F. 38, 46 U.S. Court of Appeals , It is for the court, in executing the provisions of the statute in entering judgment upon the verdict if you shall find for the plaintiffs , to treble the amount of the damages that is to say, any verdict rendered by you, and upon which a judgment will be entered by the court, will be multiplied by three, and a judgment entered for such treble damages. ref The ability to award treble damages is a typical feature in legislation that recognizes the potentially willful nature of the prohibited acts. For example, such damages may be awarded by a court in the United States for willful violation of the antitrust laws, for willful patent infringement , for trademark counterfeiting , and under the Racketeer Influenced and Corrupt Organizations Act RICO statute. ref UnitedStatesCode 18 1964 c . ref The idea behind the creation of such damages, also called exemplary damages , is that they will encourage citizens to sue for violations that are harmful to society in general. Citation needed date November 2010 The United States ... damages, which are exempt from federal income tax , such taxes must be paid on the excess amount the amount that exceeds the actual damages of treble damages. Furthermore, some foreign governments will assist U.S. citizens in collecting damages, but not treble damage awards, which are considered penal. See also Punitive damages References reflist DEFAULTSORT Treble Damages Category Judicial remedies ...   more details



  1. Incidental damages

    Judicial remedies Incidental Damages are a type of legal damages , money claimed by, ordered to be paid to, a person as compensation for loss or injury , that are reasonably associated with or related to actual damages. In United States of America American commercial law , incidental damages are a seller s commercially reasonable expenses incurred in stopping delivery or in transporting and caring for goods after a buyer s breach of contract , Uniform Commercial Code UCC Sec. 2 710 or a buyer s expenses reasonably incurred in caring for goods after a seller s breach of contract. UCC Sec. 2 715 1 . Law term stub Category Legal terms Category Judicial remedies ...   more details



  1. Reliance damages

    Judicial remedies Reliance damages is the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill their obligation. Scope Reliance damages are valued by a party s reliance interest for the foreseeable amount. They put the injured party in the same dollar position as if the contract had never been formed. ref cite book last Farnsworth first E. Allan title Contracts edition 2d year 1990 ref Application Under contract law , in a bilateral contract two or more parties owe obligations to each other. Each party acts in reliance that the other party will fulfill their respective obligation. If one party fails to respect their obligation, then the other party or parties may suffer an economic harm. Reliance damages compensate the harmed party ies for the amount of damages they suffered for acting in reliance on the other party s contractual obligations. They are most often rewarded when the aggrieved party s damages are not capable of accurate estimation, and ordering Specific Performance would be inappropriate. Reliance damages are the type of damages awarded in promissory estoppel claims, although they can also be awarded in traditional contract breaches. This is appropriate because even there is no bargain principle .... These damages must be proven with reasonable certainly. It is not enough that one party simply guess as to how much they are actually damaged. In a losing contract, reliance damages will be reduced .... Here, the losses from the contract will be subtracted from the reliance damages. Example Neal Townsend .... However, Matt breached the contract. Reliance damages protect a party s reliance interest ... reliance damages equal to the value of the reliance interest of the injured party, Matt owes Neal 100. This puts Neal in the same economic position as if the contract never happened. See also Damages Expectation damages Restitution References reflist Category Contract law Category Judicial remedies ...   more details



  1. Speculative damages

    Refimprove date December 2009 Wikify date December 2009 Speculative damages are damages claimed by a plaintiff for losses that may occur in the future, but are highly improbable. They can not be used as a basis for recovery in tort or contract cases. Example A plaintiff claims the tortfeasor s failure to deliver a shipment not only hurt his current sales, but also customer satisfaction and thus future sales as well. There is, however, one way that speculative damages can be recovered. If the plaintiff can prove that the speculative damages are reasonably likely to occur, he can recover the damages up to the amount that is reasonably likely to occur. The damages do not have to be proven with absolute certainty, only reasonable certainty. ref Cite web title Legal Definition of Speculative Damages url http legal dictionary.thefreedictionary.com Speculative Damages accessdate July 4, 2010 ref For example, if the aforementioned small business owner claims that the tortfeasor s claims hurt his customer satisfaction, and proved it by showing security camera footage of one of his most frequent customers being so upset over the business inability to deliver the product that he ordered that he stormed out of the store and vowed to never come back, then the business owner might have something. However, he would only be able to collect on future sales for that one customer, as no other customer s future sales are reasonably likely to occur. References Reflist Category Judicial remedies DEFAULTSORT Speculative Damages Law stub ...   more details



  1. Punitive damages

    Judicial remedies Punitive damages or exemplary damages are damages intended to reform or deter the defendant ... the purpose of punitive damages is not to compensate the plaintiff , the plaintiff will in fact receive all or some portion of the punitive damage award. Punitive damages are often awarded where Damages Compensatory damages compensatory damages are deemed an inadequate remedy. The court may ... Cir. 1996 Richard Posner Posner , J. ref However, punitive damages awarded under court systems that recognize ..., punitive damages awarded to one party in a US case would be difficult to get recognition for in a European court, where punitive damages are most likely to be considered to violate ordre public . ref ... damages , International Herald Tribune 2008 03 26 ref Because they are usually paid in excess of the plaintiff s provable injuries, punitive damages are awarded only in special cases, usually under tort law, where the defendant s conduct was egregiously insidious. Punitive damages cannot generally ... of action eligible for punitive damages in excess of the value of the insurance policy . ref The landmark ... Australia In Australia, punitive damages are not available for breach of contract , ref Gray v ... Court of Appeal held that punitive damages are not available both for breach of contract and breach of fiduciary duty. Heydon J Heydon JA as he then was said there is no power to give punitive damages ... that there is no power to award punitive damages for the specific equitable wrong in issue. James Spigelman ... relationship in question, and refrained from deciding on whether punitive damages would be available ... that there was no principled reason to award punitive damages in respect of common law torts but not analogous equitable wrongs. England and Wales In England and Wales , exemplary damages are limited ... Barnard ref Another case, that could arguably be seen as an example of punitive damages , was that of Attorney ... 323. ref emphasising the materiality of the criminal law criminal element required for these damages ...   more details



  1. Liquidated damages

    Unreferenced date July 2007 Contract law Liquidated damages also referred to as liquidated and ascertained damages are damages whose amount the parties designate during the formation of a contracts contract for the injured party to collect as compensation upon a specific breach e.g., late performance . When damages are not predetermined assessed in advance, then the amount recoverable is said to be at large to be agreed or determined by a court or tribunal in the event of breach . At common law , a liquidated damages clause will not be enforced if its purpose is to punish the wrongdoer party in breach rather than to compensate the injured party in which case it is referred to as a penal damages penal or penalty clause . One reason for this is that the enforcement of the term would, in effect, require an equitable order of specific performance . However, courts sitting in Equity law equity will seek to achieve a fair result and will not enforce a term that will lead to the unjust enrichment ... Liquidated Damages journal American Law Encyclopedia volume 6 format w accessdate 2009 04 07 ref In order for a liquidated damages clause to be upheld, two conditions must be met. First, the amount of the damages identified must roughly approximate the damages likely to fall upon the party seeking the benefit of the term. Second, the damages must be sufficiently uncertain at the time the contract is made that such a clause will likely save both parties the future difficulty of estimating damages. Damages that are sufficiently uncertain may be referred to as unliquidated damages , and may ... makes the amount of damages uncertain. For example, suppose John agrees to lease a store front to Mary ... be an appropriate circumstance for Mary to insist upon a liquidated damages clause in case John ... liquidated damages provisions, choosing to follow the Doctrine of Concurrent Delay when both parties ... See also Unspecified claim Category Contract law Category Judicial remedies de Liquidated damages fi ...   more details



  1. Statutory damages

    Judicial remedies Statutory damages are a damages damage award in Civil law common law civil law , in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of the loss suffered by the victim. This could be because calculation of a value is impractical, such as in intellectual property cases where the volume of the infringement cannot be ascertained. It could also be because the nature of the injury is subjective, such as in cases of a violation of a person s rights. The award serves both as deterrence, and as compensation. Amounts can be set on a per incident basis, such as in the Fair Debt Collection Practices Act , which gives statutory damages of up to 1,000 for a violation of its provisions. ref cite ... human rights violations which might specify damages of 1,000 per day ref cite web url http ... of Connecticut date 8 May 2006 accessdate 7 March 2011 ref . The term also applies wherein damages ..., statutory damages are often calculated as a multiple of the price for the use of the property, if the infringer ... en faq judiciary faq08.html pre title Which kind of damages are available in IP disputes? publisher ... States copyright law United States , statutory damages are set at a minimum of 750 per work ... bases the damages on, the amount of royalties which would have been due if the infringer has requested ... title Which kind of damages are available in IP disputes? publisher World Intellectual Property Organization accessdate 7 March 2011 ref . The Lanham Act Lanham Trademark Act provides for minimum damages ... Privacy Act provides for statutory damages for various wiretap offences of 100 per day, up to 10000 ... Rights Act Civ. Code, 51 section 52 provides for minimum damages of 4000 ref cite web url http www.nixonpeabody.com ... the Americans with Disabilities Act . References references See also Statutory damages for copyright ...   more details



  1. Hedonic damages

    Hedonic Damages , an economics economic term of art, refers to loss of enjoyment of life damages , the intangible value of life, as distinct from the human capital value or lost earnings value. History The term achieved renown when coined by Stan V. Smith economist during his testimony, the first such testimony proffered nationwide, in the case of Sherrod v. Berry , 827 F.2d 195 7th Cir. 1987 . It has since been in widespread use in subsequent legal decisions, in law review articles, and in law and economics articles nationwide. See for example Professon Cass Sunstein s University of Chicago Law ... 2000. Application Hedonic damages, the loss of the value of life, are allowed in almost every state ... allow economic expert witness testimony on hedonic damages. For example, the Nevada Supreme ... in Lewis v. Alfa Leval,128 Ohio App.3d.200 1998 . The measurement of hedonic damages is based ... . Hedonic damages are not allowed in death cases in the great majority of the states. Some states do ..., and in Federal Section 1983 civil rights violation actions. Hedonic damages also can apply in cases ... Damages approaches. Such were the plights of two former inmates, William Gregory and David Pope ... after serving 18 years, we re still living the nightmare every day . Hedonic damages attempt to compensate ... hedonic damages. ref Hunt v. K Mart Corp. , 981 P.2d 275 Montana 1999 , found at http daviddfriedman.com ... page . Accessed February 21, 2008. ref Controversy Economic testimony regarding hedonic damages ... decisions in Ohio. There is significant scholarship endorsing hedonic damages in wrongful death cases. ref Andrew J. McClurg, It s a Wonderful Life The Case for Hedonic Damages in Wrongful ...? 83 Nw.U.L.Rev. 876 1989 . Accessed February 21, 2008. ref Further, Hedonic Damages were allowed as an element ... See also Damages Measure of Damages under English law Pro rata Punitive damages Pure economic loss DEFAULTSORT Hedonic Damages Category Law and economics Category Judicial remedies Category Lawsuits ...   more details



  1. Statutory damages for copyright infringement

    Statutory damages for copyright infringement are available under some countries copyright law s. The charges allow copyright holders, who succeed with claims of infringement, to receive an amount of compensation per work as opposed to compensation for losses, an account of profits or damages per infringing copy . Statutory damages can in some cases be significantly more than the actual damages suffered by the rightsholder or the profits of the infringer. At least in America, the original rationale for statutory damages was that it would often be difficult to establish the number of copies that had been made by an underground pirate business and awards of statutory damages would save rightsholders from having to do so. Statutory Damages in the United States In the United States copyright law United States , statutory damages are set out in http www.law.cornell.edu uscode html uscode17 usc sec 17 00000504 000 .html Title 17, Section 504 of the U.S. Code . The basic level of damages is between 750 and 30,000 per work, at the discretion of the court. Plaintiff s who can show willful infringement may be entitled to damages up to 150,000 per work. Defendant s who can show that they were not aware and had no reason to believe they were infringing copyright may have the damages reduced to 200 per work. Under http www.law.cornell.edu uscode html uscode17 usc sec 17 00000412 000 .html 17 USC 412 , statutory damages are only available in the United States for works that were copyright registration registered with the United States Copyright Office Copyright Office prior to infringement, or within three months of publication. See also Statutory damages No Electronic Theft Act Category United States copyright law Category Judicial remedies Category Copyright infringement ...   more details



  1. File:Damages title card.jpg

    Self taken screenshot of Damages TV series title card. Fair use rationale It is believed that this image qualifies as fair use for the Damages TV series article because The image is a low resolution screen capture. The image is being used for informational purposes in the Damages TV series article and is the logo of the series. The use of the image will have no effect on the commercial distribution of the series by the copyright holders FX Network and Sony Pictures Entertainment . No free or PD images have been found or can be created. Licensing Non free logo Non free television screenshot ...   more details



  1. Non-economic damages caps

    Non economic damages caps are controversial tort reform s to limit i.e. , cap damages for intangible harms such as severe pain, physical and emotional distress, disfigurement, loss of the enjoyment of life that an injury has caused, including sterility, loss of sexual organs, physical impairment and loss of a loved one, etc. These are, collectively, referred to as hedonic damages . Non economic damages compensate injuries and losses that are not easily quantified by a dollar amount. Also known as quality of life damages, this compensation covers the family of victims who have died, or severely injured victims. Efficacy of caps Many states have debated, passed legislation or amended their constitutions to create such caps. Former President George W. Bush proposed a nationwide 250,000 cap in medical ... widespread problems of access to health care. Fair compensation Non economic damages are the only ... amount, and would only be compensated through non economic damages. Tort reform supporters argue ... given. They claim that there is no basis for non economic damages, and uncapped non economic ... , a Texas Vioxx products liability case, the jury issued a verdict of 24 million in non economic damages ... assess damages on a case by case basis and that damages should not be arbitrarily capped by a legislature. Constitutionality of caps Right to trial by jury Opponents of caps on damages argue that caps on the amount of damages jurors can award violate the right to a trial by jury . http www.seanet.com ... have decided both the question of liability and the question of how much damages to award in tort ... the issue have struck down damages caps as violative of state constitutions. http www.centerjd.org ... cap on non economic damages functioned as a legislative remittitur and invaded the power ..., reduced damages by operation of law, without regard to the specific circumstances of the case. http ... cap on non economic damages in medical malpractice cases violates the state s equal protection ...   more details



  1. Damages (TV series)

    Infobox television show name Damages company Sony Pictures Television Sony Pictures TV image File Damages title card.jpg 250px caption Damages intertitle format Legal drama br Psychological thriller runtime ... first aired July 24, 2007 last aired present num seasons 3 num episodes 39 list episodes List of Damages ... York New York City , New York website http www.directv.com damages Damages is an United States American ..., while several other actors have been nominated. Damages has received critical acclaim and numerous ... had picked up Damages for two more seasons, consisting of 10 episodes each, to air on their The 101 Network . ref Cite web url http ausiellofiles.ew.com 2010 07 19 directv deal saves damages title Scoop DirecTV deal saves Damages from cancellation work The Ausiello Files publisher Entertainment ... of Damages is set to premiere July, 2011 on DirecTV. ref cite web last Ausiello first Michael url http ausiellofiles.ew.com 2010 04 02 directv rescue damages fx title Exclusive Will DirecTV rescue Damages ... and influence. ref name paley fest cite web url http tv.ign.com articles 862 862210p1.html title Damages ... hmonthly.com blog 2009 02 10 set damages title On The Set of Damages last Gambill first Randy date ... and Ted Danson Cause Damages last Goldman first Eric date 2007 07 23 work IGN.com publisher IGN Entertainment ... title Damages Shock and Law last Wolk first Josh date 2007 07 23 work Entertainment Weekly ... HT cite web url http www.hollywoodtoday.net 2007 07 18 glenn close ted danson seek scandals for damages title Glenn Close, Ted Danson,Gilda Brito, Cary Lopez and Kristine Spurney Seek Scandals for Damages ... cite web url http www.tv.com story 10021.html title Q&A Damages Rose Byrne last Surette first Tim ... on US legal thriller Damages last Pettie first Andrew date 2009 02 13 work Telegraph.co.uk publisher ... the Damages last Fowler first Matt date 2009 01 06 work IGN.com publisher IGN Entertainment Inc. accessdate ... season. ref cite web url http www.thefutoncritic.com rant.aspx?id 20090107 damages title ...   more details



  1. List of Damages episodes

    DISPLAYTITLE List of Damages episodes Damages TV series Damages , a legal drama television series , premiered ... stakes litigation with class action lawsuit s involving severe damages . The first season of the series ... 23, 2007. ref cite news url http www.post gazette.com pg 07295 827316 42.stm title Damages finale looms ... news url http tv.ign.com articles 834 834571p1.html title Damages Renewed by FX last Goldman first ... 19, 2010, DirecTV announced that, after months of negotiation, Damages would be picked up for two .... ref name ausiello Cite web url http ausiellofiles.ew.com 2010 07 19 directv deal saves damages title Scoop DirecTV deal saves Damages from cancellation work The Ausiello Files publisher Entertainment ... glenn close damages 06 08 08 LOA9O8L v22.1c9d859.html title Close finds Damages a good fit as she ... s character survive on Damages ? url http blogs.orlandosentinel.com entertainment tv tvblog 2008 07 ... 02 18 nba all star festivities the closer wwe raw and monk lead week damages to return despite ratings 13021 title Updated NBA All Star festivities, The Closer , WWE RAW , and Monk lead week, Damages ... 07 damages season finale draws few wwe raw ncis lead cable viewing 16141 title Damages season finale ... 2010 01 26 damages season 3 premiere averages 1 43 million viewers 40283 title Damages Season 3 Premiere Averages 1.43 million viewers work TV by the Numbers last Seidman first Robert ... 2010 02 03 pawn stars shines ratings woes continue for damages men of a certain age 40970 title Pawn Stars Shines Ratings Woes Continue for Damages , Men of a Certain Age work TV by the Numbers ... 1.08 ref Cite web url http tvbythenumbers.zap2it.com 2010 02 09 damages viewership up 5 but still anemic 41588 title Damages Viewership Up 5 But Still Anemic work TV by the Numbers last Seidman first ... 2010 2 15 Aux4 0.87 ref Cite web url http tvbythenumbers.zap2it.com 2010 02 17 damages crushed by the kardashians 42296 title Damages Crushed by The Kardashians work TV by the Numbers last Seidman ...   more details



  1. Damages (Jewish law)

    Judaism In halakhah Jewish law , damages Hebrew language Hebrew nezikin covers a range of jurisprudential topics that roughly correspond in secular law to torts . Jewish law on damages is grounded ... developed and interpreted the laws of damages through communal courts, judges, and enforcement ... autonomous communal oversight of damages tort law continued to be extensive until the modern era. Today, observant Jews may voluntarily submit themselves to adjudication of damages disputes by rabbinic ... law in Israel . Torts or damages include any wrongful act, neglect, or default whereby legal harm is caused to the person, property, or reputation of another. Damages usually give rise to some form of compensatory liability, though some exceptional damages may be prohibited or merely deprecated without concomitant liability. Under rabbinic law, there are important distinctions between damages caused ... law , Jewish law or halakhah characterize a variety of actions as damages, though these may ... and Literature In rabbinic literature, damages law is articulated primarily in tractate Bava Kamma of the aptly named Order Nezikin. In Bava Kamma, the Mishnah and Talmud set forth the framework for damages law and formulate numerous rules and key8 principles. In addition, law pertaining to damages ... during the Geonic period , damages law was incorporated in the Halakhah Jewish law codes of the medieval ... . The law of damages remained a popular and important topic throughout the history of rabbinic responsa ... in full damages B. . 3b . Derivative Categories Any tame animal permitted wilfully or carelessly ... damages, when caused by animals, are known generally as the case of pebbles. Assault and Battery ref ... In cases of injury to a person, Talmudic law identifies five categories of damages damage proper nezek ... to the more humane law of compensatory damages in money. Referring to the passage in Lev. 24 17 et seq ... currency, worth only one eighth of the Tyrian. These liquidated damages cover only pain and shame if sickness ...   more details



  1. List of Damages characters

    This is a list of the characters featured on Damages TV series Damages created by the writing and production trio of Daniel Zelman and brothers Glenn and Todd A. Kessler. Main characters Characters are listed by the order in which the characters were introduced into the show. Starring seasons refers to the season in which an actor or actress received star billing for playing a character. Recurring seasons identifies a season in which an actor or actress appeared. class wikitable sortable style width 99 margin right auto style color white style background color 778899 Actor or actress style background color 778899 Name style background color 778899 Starring seasons style background color 778899 Recurring seasons Glenn Close List of Damages characters Patty Hewes Patty Hewes 1, 2, 3 Rose Byrne List of Damages characters Ellen Parsons Ellen Parsons 1, 2, 3 Tate Donovan List of Damages characters Tom Shayes Tom Shayes 1, 2, 3 Ted Danson List of Damages characters Arthur Frobisher Arthur Frobisher 1 2, 3 eljko Ivanek List of Damages characters Ray Fiske Ray Fiske 1 2, 3 Anastasia Griffith List of Damages characters Katie Connor Katie Connor 2 1 Noah Bean List of Damages characters David Connor David Connor 1 2, 3 William Hurt List of Damages characters Daniel Purcell Daniel Purcell 2 Marcia Gay Harden List of Damages characters Claire Maddox Claire Maddox 2 Timothy Olyphant List of Damages characters Wes Krulik Wes Krulik 2 3 Campbell Scott List of Damages characters Joe Tobin Joe Tobin 3 Martin Short List of Damages characters Leonard Winstone Leonard Winstone 3 Main Patty Hewes Played by Glenn Close Season 1 Episode Count 39 episodes Nine months after her triumph in the UNR case, high stakes litigator Patty Hewes finds herself back in the national spotlight. Now, as court appointed trustee responsible for tracking down assets swindled from investors in the largest financial ... Tobin hired. References reflist colwidth 30em DEFAULTSORT Damages Characters Category Lists of television ...   more details



  1. Measure of damages under English law

    Damages for breach of contract is a common law Legal remedy remedy , available as of right. It is designed to compensate the victim for their actual loss as a result of the wrongdoer s breach rather than to punish the wrongdoer. If no loss has been occasioned by the plaintiff, only nominal damages will be awarded. A victim will not necessarily recover every loss which flows from the breach by the defendant. In order to recover any damages, the losses suffered by the victim must be caused by the defendant, and not be too remote. Further, the plaintiff has a duty to mitigate his losses. Amount of damages The amount of damages a plaintiff would recover is usually measured at the loss of bargain basis. For example, Causation and Contributory Negligence Remoteness Timing of the assessment of damages Duty to Mitigate A plaintiff has a duty to mitigate damages and can not recover losses it could have avoided through reasonable efforts. Bases of Assessment There are three bases of assessment. Expectation Interest Loss of Bargain. Expectation damages include Benefit of bargain Lost profit Cost ... Interest Damages Exceeding Loss Extra Compensatory Awards Extra compensatory damages The most venerable type of extra compensatory damages, long established in our common law jurisprudence, is nominal damages. Nominal damages are awarded where a legal wrong has been committed but no consequential ... and to mark the fact of its violation by the wrongdoer. Source Lord Scott Special Classes of Damages Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types damages under English law Injured Feelings and Disappointment Injured Reputation Speculative Damages Liquidated Damages and Penalty Quantum Meruit Exemplary or Punitive Damages See also Damages External links http www.worldlii.org catalog 3100.html Worldlii links to resources on the subject of damages English contract law Category Judicial remedies Category English ...   more details



  1. File:Spanish-Am damages small.JPG

    Picture taken in 1977 of Tony Santiago Jr., posing in front of the damages caused to the Ba os de Coamo by General James H. Wilson s artillery bombardment during the Spanish American War in 1898. Licensing self2 GFDL with disclaimers cc by sa 2.5,2.0,1.0 migration relicense ...   more details



  1. Tobacco Damages and Health Care Costs Recovery Act

    Unreferenced stub auto yes date December 2009 British Columbia s Tobacco Damages and Health Care Costs Recovery Act is approved by the Supreme Court of Canada , opening the door for the province to sue cigarette makers, in order to recover the billions spent in inflicted healthcare costs. See also Imperial Tobacco v. British Columbia DEFAULTSORT Tobacco Damages And Health Care Costs Recovery Act Category British Columbia provincial legislation Category Tobacco control Canada law stub ...   more details



  1. List of awards and nominations received by Damages (TV series)

    This is the list of awards and nominations received by the television series Damages TV series Damages 2007 &ndash . By award American Cinema Editors 2007 Best Edited One Hour Series for Commercial Television for Get Me a Lawyer Pilot , nominated Australian Film Institute 2007 Best Actress International Rose Byrne for playing Ellen Parsons , won 1 win 2009 Best Actress International Rose Byrne for playing Ellen Parsons , nominated Casting Society of America 2008 Outstanding Achievement in Casting Television Pilot Drama, nominated 2008 Outstanding Achievement in Casting Television Series Drama won 2009 Outstanding Achievement in Casting Television Series Drama, nominated Television Critics Association Awards 2008 Individual Achievement in Drama Glenn Close , nominated 2008 Outstanding Achievement in Drama, nominated 2008 Outstanding New Program of the Year, nominated 2009 Individual Achievement in Drama Glenn Close , nominated Emmy Award s 2008 Outstanding Actress Drama Series Glenn Close for playing Patricia Patty Hewes , won 2008 Outstanding Casting Drama Series won 2008 Outstanding Directing Drama Series Allen Coulter for Pilot 2008 Outstanding Series Drama 2008 Outstanding Supporting Actor Drama Series Ted Danson for playing Arthur Frobisher 2008 Outstanding Supporting Actor Drama Series Zeljko Ivanek for playing Ray Fiske , won 2008 Outstanding Writing Drama Series Todd A. Kessler , Glenn Kessler screenwriter Glenn Kessler and Daniel Zelman for Pilot 2009 Outstanding Actress Drama Series Glenn Close, won 2009 Outstanding Series Drama 2009 Outstanding Supporting Actor Drama Series William Hurt for playing Daniel Purcell 2009 Outstanding Supporting Actress Drama Series Rose Byrne for playing Ellen Parsons 2009 Outstanding Guest Actor in a Drama Series Ted Danson 2009 Outstanding ... Of Awards And Nominations Received By Damages Tv Series Category Lists of awards by television series Damages ...   more details



  1. File:Damages pilot.jpg

    Summary Non free use rationale Article Get Me a Lawyer Description A bloody, half naked Ellen runs through Manhattan s streets. Source http damages.dramatic personae.net gallery albums season1dvd damages1 Damages 0053.jpg Portion One frame out of thousands in a 60 minute episode Low resolution Yes Purpose The image serves as the primary means of visual identification of the subject, illustrating a single educational article about the episode from which the screenshot was taken. It accompanies commentary on the characters, the scene and the episode in general. Replaceability No other information Licensing Non free television screenshot ...   more details




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