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Briefly Compare and contrast tortuous liability to contractual liability?
There is more freedom in contractual law where as in tortuous liability it is more of imposed nature. The claimant will receive compensation for damages and expected earnings in the case of contract liability where as the claimant can only claim damages as in the case of tortuous liability. There is more privacy in the contract in the case of contractual liabilities as the parties who are involved in the contract are the one who can actually sue for damages as in the case of ATKIN V SOUNDERS(1942) whereas in tortuous liabilities any one as a third party who had suffered losses or damages can claim compensation from the defendant.
What are the different between tortious liability and contractual liability?
There is more freedom in contractual law where as in tortuous liability it is more of imposed nature. The claimant will receive compensation for damages and expected earnings in the case of contract liability where as the claimant can only claim damages as in the case of tortuous liability. There is more privacy in the contract in the case of contractual liabilities as the parties who are involved in the contract are the one who can actually sue for damages as in the case of ATKIN V SOUNDERS(1942) whereas in tortuous liabilities any one as a third party who had suffered losses or damages can claim compensation from the defendant.
Can a tort only exist if the person who commits it intended to do so?
No, the defendant does not have to have "intent" to be held liable for a tort. The plaintiff only has the prove that damages were caused and that the defendant caused them. Whether the defendant caused them intentionally or negligently is, usually, irrelevant.
Can a defendant sue a victim for damages in a legal case?
No, a defendant cannot sue a victim for damages in a legal case.
What is the purpose in awarding punitive damages?
Where as compensatory damages are intended to recompense the injured party for their losses, punitive damages are meant to punish those who they are applied against. Further, punitive damages are also known as exemplary damages. Aside from its intent to punish the defendant for his willful of malicious misconduct, this is also awarded to make an example of the defendant's wrong actions so as to discourage other persons or companies from committing the same offense.
What is the legal term when a complaintant is awarded or asks for triple the amount being sought for in court?
The anser is treble damages. In certain cases the laws allow 'punative damages' intended to punish the defendant rather than just compensate the complaintant.
How are punitive damages calculated in legal cases?
Punitive damages in legal cases are calculated based on factors such as the severity of the defendant's misconduct, the harm caused to the plaintiff, and the defendant's financial situation. The goal of punitive damages is to punish the defendant and deter similar behavior in the future.
Can a defendant claim damages in civil courts?
Yes
What is the process for seeking punitive damages in a small claims court case?
In small claims court, seeking punitive damages involves proving that the defendant's actions were intentional or reckless, resulting in harm. The plaintiff must provide evidence of the defendant's misconduct and the extent of damages caused. The judge will then determine if punitive damages are warranted based on the severity of the defendant's behavior.
What kind of damages can a plaintiff recover if a defendant's actions have been fraudulent wanton or outrageous?
The kind of damages a plaintiff can recover if a defendant's actions have been fraudulent, wanton, or outrageous depends on the damages to the plaintiff. If the actions are wanton, the damages tend to be higher than if they are simply fraudulent.
How do you use compensatory damages in a sentence?
The civil suit resulted in the defendant having to pay compensatory damages to the victim.
What are negligence elements a plaintiff has to prove in a suit for damages on account of the negligence of the defendant?
In general, a plaintiff in a negligence claim must prove the following elements: duty of care owed by the defendant to the plaintiff, breach of that duty by the defendant, causation (both actual and proximate) between the defendant's breach and the plaintiff's injury, and damages suffered by the plaintiff as a result of the defendant's breach.
