Aggravated, exemplary and restitutionary damages
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Aggravated, exemplary and restitutionary damages a consultation paper by Great Britain. Law Commission.

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Published in London [England] .
Written in English


  • Damages -- Great Britain.,
  • Restitution -- Great Britain.

Book details:

Edition Notes

Includes bibliographical references.

StatementLaw Commission.
SeriesConsultation paper -- no.132, Consultation paper (Great Britain. Law Commission) -- no. 132.
The Physical Object
Paginationvii, 180 p. ;
Number of Pages180
ID Numbers
Open LibraryOL21568829M
ISBN 100117302163

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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] Terence G. Ison. 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. L. , (). 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. No. , para. ) published in December That same.