Aggravated, exemplary and restitutionary damages

item 2 of the sixth programme of law reform : damages
  • 211 Pages
  • 4.87 MB
  • 7870 Downloads
  • English
by
The Stationery Office , London
Exemplary damages -- Great Britain., Damages -- Great Bri
StatementThe Law Commission.
SeriesLaw Com -- no 247, HC -- 346, Law Com. (Series) -- no. 247.
The Physical Object
Paginationix, 211 p. ;
ID Numbers
Open LibraryOL21216247M
ISBN 100102793980
OCLC/WorldCa181140759

Aggravated, Exemplary and Restitutionary Damages: A Consultation Paper (Consultation Paper) [Henry Brooke] on *FREE* shipping on qualifying : Henry Brooke. damages, which are remedial, and exemplary damages, which are punitive.5 Aggravated damages, the Report considers, are intended to compensate for a particular form of harm, namely mental distress, or at least a certain form of mental distress.

It takes the view there is no need for a distinct law of aggravated damages. Report on aggravated, exemplary and restitutionary damages / the Law Reform Commission. KF I The forensic lottery: a critique on tort liability as a system of personal injury compensation / [by] Exemplary and restitutionary damages book G.

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with exemplary damages; and restitutionary damages, which are damages which aim to strip away some or all of the gains made by a defendant from a civil wrong. Although we call these three types of damages (exemplary, aggravated and restitutionary) ‘exceptional’, we do not thereby seek to minimise the importance of this Size: KB.

While alternative compensatory explanations have been advanced, 17 support for this compensatory analysis can be found in numerous subsequent cases, 18 statutory provisions, 19 books, 20 articles, 21 and in the report of the Law Commission (England and Wales) on Aggravated, Exemplary and Restitutionary Damages.

22 One of the proposals in that Author: James Bailey. Aggravated damages compensate the claimant for injury to feelings when his or her distress was exacerbated by the circumstances in which the injury was caused or by the conduct of the defendant after the wrongful act was committed.[] Exemplary damages.

Exemplary damages developed under the common law. Buy Report on Aggravated, Exemplary and Restitutionary Damages (Report / Law Reform Commission) by Law Reform Commission Ireland (ISBN:) from Amazon's Book Store.

Everyday low prices and free delivery on eligible : Law Reform Commission Ireland. In the report we make recommendations for the reform of exemplary damages, which aim to punish the wrongdoer.

We consider that aggravated damages should be viewed as purely compensatory and recommend that, if exemplary (or ‘punitive’) damages are retained, their availability must be placed on a principled footing.

Aggravated damages Related Content Damages to provide compensation for mental distress or injury to feelings caused by the manner or motive with which a wrong was committed or by the defendant’s conduct subsequent to the wrong.

Whilst aggravated damages look at the injury suffered by the plaintiff, exemplary or punitive damages consider the actual conduct of the defendant. Even then, it would be assessed based on the guiding principles laid down in Sin Heap Lee, to be approximately 25% of the compensatory damages awarded.

The Commission does not consider that awards of restitutionary damages should be so limited. In contrast with exemplary damages, the basis of restitutionary damages awards is not in the moral quality of the defendant's behaviour.

Rather, it derives from the principle against unjust enrichment and is, therefore. AGGRAVATED DAMAGES A compensatory model (a) Arguments in favour of abandoning the exceptional conduct requirement in aggravated damages e) Arguments against abandoning the exceptional conduct requirement in aggravated damages PART W.

RES'IlTUTIONARY DAMAGES INTRODUCTION THE PRESENT LAW (1) Nature of the benefitFile Size: 9MB. Damages or Restitution, 11 J.

Cont.(). 7 Both in the United States and in England there is a recent willingness to expand the range of cases in which restitutionary damages for breach of contract will be allowed.

Earthinfo v. Hydrosphere Resource, P.2d (Colo. ); Attorney General v. Blake [] 1 All E.R.common law development”: so recommended the Law Commission in its report on Aggravated, Exemplary and Restitutionary Damages (Law Com. para. ) published in December That same. In general, in the US, negligence is not enough to give rise to an award of exemplary damages, without some degree of “aggravated” negligence, involving “wilful or wanton” or reckless disregard for the rights of others.

26 In a number of states, “gross” negligence. Abstract. The term “aggravated damages” does not mean the same thing in American law as it does in the rest of the Commonwealth.

Today, the term “aggravated damages” is rarely used in the United States, and if it is, it is used as a synonym for punitive damages, that is, for damages that serve a non-compensatory function. In England, the term is used to identify a certain type. 2 Law Commission, Aggravated, Exemplary and Restitutionary Damages, Law Com No (), para See also R.

Stevens, Torts and Rights (Oxford ), p. 85 for a similar interpretation. 3 It is possible, also, to look to the law that we find in practice when constructing a theory of the law (see, e.g., J. Levin, Tort Wars (Cambridge Cited by: Shareable Link. Use the link below to share a full-text version of this article with your friends and colleagues.

Learn : Peter Jaffey. Aggravated Damages. Exemplary Damages. Aggravated damages, that compensate a victim for mental distress or injured sensations in circumstances where the injury was caused or increased by the manner in which the defendant committed the wrong or the defendant’s behavior following the wrong.

Where the claimant is the victim of a tort, exemplary damages may be awarded to punish the defendant for cynically committing a tort.

Description Aggravated, exemplary and restitutionary damages PDF

Other remedies are available which are purely restitutionary in effect, notably restitutionary damages and money had and received. The most important question relating to the award of restitutionary remedies for torts is whether they Author: Graham Virgo.

Get this from a library. Report on aggravated, exemplary and restitutionary damages. [Ireland. Law Reform Commission.]. explain all damages awarded by the courts. Non-compensatory awards are acknowledged by two leading Australian texts on the law of torts; but the texts treat non-compensatory awards as exceptional, to be placed in categories out- side the norm, as 'nominal', 'exemplary', 'aggravated' and 'liquidated' dam.

DCA Consultation Paper on the Law on Damages publishedby PLC Dispute ResolutionRelated ContentOn 4 Maythe Department for Constitutional Affairs (DCA) published a substantial ( page) consultation paper on the law on damages.

The paper covers seven areas including claims for wrongful death, liability for psychiatric illness and aggravated, exemplary and restitutionary damages. Today, the term “aggravated damages” is rarely used in the United States, and if it is, it is used as a synonym for punitive damages, that is, for damages that serve a.

Aggravated damages. Some jurisdictions recognize a form of damages, called, aggravated damages, that are similar to punitive or exemplary damages.

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Aggravated damages are not often awarded; they apply where the injury has been aggravated by the wrongdoer's behaviour, for example, their cruelty. Restitutionary or disgorgement damages. Supra: The Law Reform Commission Ireland, 'Report on Aggravated, Exemplary and Restitutionary damages' Supra.

[AIRSC ] Supra: W.P. (Crl.) No of Supra. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Get this from a library. Consultation paper on aggravated, exemplary and restitutionary damages.

[Ireland. Law Reform Commission.]. CONSULTED BOOKS FOR PART A. Chitty on Contracts 30th Ed. (Volume 2) Mcgregor on Damages, 18th edition. PART_B Introduction: The purposes for which damages are made in a civil suit, focusing on: (1) compensatory damages; (2) exemplary and punitive damages; and (3) Restitutionary damages.

Abstract “The development of the law of restitution for breach of contract should be left to common law development”: so recommended the Law Commission in its report on Aggravated, Exemplary and Restitutionary Damages (Law Com.

para. ) published in December Cited by: 6. The Law Reform Commission has now published its (final) Report (LRC ) Report on Aggravated, Exemplary and Restitutionary Damages, in response to a request by the Attorney General to make recommendations regarding "the principles governing the present law relating to aggravated, exemplary and restitutionary damages and their effectiveness as a remedy".

The following topics are addressed: aggravated, exemplary and restitutionary damages; contributory negligence as a defence to breach ofcontract; interest on late payment of contractual debts; damages in contracts for the benefit of third parties; penalty clauses; and limitation periods.

In addition some comments are made on remoteness by: 3.theoretical distinction can be drawn between aggravated and exemplary damages, there is probably no practical difference between them: see B.

Feldthusen, "Punitive Damages: Hard Choices and High Stakes" [] New Zealand L. Rev.at Law Commission, Aggravated, Exemplary and Restitutionary Damages, Law Com No (), para Civil Remedies is the first textbook of its kind to cover the whole gamut of this fast-growing subject.

It looks at both the non-judicial and judicial remedies in the civil law. Its special features include the non-judicial remedy of self-help, the consensual remedies, the judicial remedies for breach of contract and for tort (at common law and in equity), a comprehensive look at Mareva.