Tort Law - Construction

While victorious, the plaintiff’s believed that the district court had erred in their decision not to award punitive damages. The defendants, on the other hand, argued that the court had erred in denying their motion for summary judgment.

The aim of damages resulting from negligence is to provide the plaintiff with a lump sum of money that will put the plaintiff in the position that the plaintiff would have been in had

2) No action on a contract need be present for damages to be proper. An executory contract will suffice.

39. Under the doctrine of ________, the plaintiff may only recover the proportionate amount of damages attributable to the defendant’s negligence

It is agreed by many, if not all, that the compensatory principle is the ruling principle in breach of contract

There are four remedies for breach of contract under UCC Article 2. Categorized as remedies of law; the first is compensatory damages, which cover direct losses and costs. Compensatory damages are an attempt to put the non-breaching party in the same position it would have been had they not suffered the breach. Second are consequential damages, which are to cover indirect and foreseeable losses not covered by compensatory damages. Third is restitution to prevent the unjust enrichment of one party in the agreement. Fourth, liquidated damages are provisions agreed to by the parties when drawing up the contract in the event of a default or breach of contract by either party (Melvin, 2011).

(2) In those instances where the plaintiff is not guilty of negligence, he would be forced to bear a portion of the loss should one of the tortfeasors prove financially unable to satisfy his share of the damages.

It will take into consideration expenses such as hospital fees, medical expenses, funeral and buriel costs. Often the deceased would have contributed towards the family financially therefore damages need to consider loss of income, inheritance, loss of protection and suffering prior to the deceases death.

All parties who fall within the definition of the represented group are bound by the outcome of the case whether unless they actively opt-out of the action. Damages are determined on the basis of an estimation of the total size of the group with claimants coming forward after the quantification of damages to claim their share.

The two branches of the court 's holding have come to be known as the first and second rules of Hadley v. Baxendale. (Eisenberg, 1992)

• loss or damage was suffered as a result of another individual sustaining injury because of defective goods;

In contract law if a party breaches a contract then the court can award damages to compensate the innocent party. Damages are issued in order to put the injured party in the same position as if the contract had been performed.

Chief Justice Cardazo from America stated ‘Recovery of economic loss in the absence of physical damage or per-sonal injury would expose defendants to liability in an in-determinante time to an indeterminante class.’

According to the British common law, the parties can name the money is in violation of this court as a penalty if the return is irreversible, but if classified as payment of liquidated damages is recoverable. However, the difference between the quality of contract law in India does not recognize the nature of compensation as under common law to exclude somewhat complex refining section 74. In the case of criminal provisions, damage will be assessed in the usual way, and the sum is greater than the plaintiff may recover even prescribed amount. In critical contracts, and the true nature of the payment of compensation, under the conditions and inherent circumstances the court must consider in making time of the contract, rather than at the time of default. The term is used by parties not conclusive, the court is not bound by its wording. If it has long been said to be a penalty, but the original is really a pre-estimate of the loss, which will be considered as liquidated damages.

When parties by contract assess the damages to be paid irrespective of the actual damage are categorized as liquidated damages. Liquidated damages can be dictated to flow in two ways