Exemplary - Law Dictionary Search Results
Home Dictionary Name: exemplaryExemplary
Serving as a pattern deserving to be proposed for imitation commendable as an exemplary person exemplary conduct...
Exemplary damages
Exemplary damages, damages on an unsparing scale, given in respect of tortious acts, committed through malice or other circumstances of aggravation. In Belt. v. Lawes, (1884) 2 QBD 356, an action by a sculptor for libellously styling him an impostor, the jury awarded 5,000l. damages, and a rule for a new trial on the ground (amongst others) of excessive damages was discharged by the High Court. The Court of Appeal affirmed this judgment, but laid it down that the Court had power to refuse a new trial on the plaintiff alone, and without the defendant consenting to the damages being reduced to such an amount as the Court would not consider excessive had they been given by the jury.Where a cause of action survives against or for the benefit of a deceased person's estate, the damages recoverable shall not include any exemplary damages. [(English) Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41)]...
exemplary damages
exemplary damages see damage ...
Exemplary Manner
Exemplary Manner, referred. (Navy Act, s. 79)...
Damage
Damage, Any loss, whether actionable as an injury or not. See DAMNUM ABSQUE INJURIA.The expression 'damage' is not necessarily confined to physical damage. Ordinarily damage is caused by physical contact of the ship, such as in collision. But damage can also be caused to property by breach of contract or acts of commission or omission on the part of the carrier or his agents or servants by reason of the negligent operation and management of the vessel, as, for example, when cargo is damaged by exposure to weather or by negligent stowage, or, by the misconduct of those in charge of the ship, like when cargo is disposed of contrary to the instructions of the owner or by reason of theft and other misdeeds. In all these cases, damage arises by reason of loss caused by what is done by the ship or by the breach, negligence or misdeeds of those in charge of the ship. It must however be noticed that the expression 'damage done by any ship' has been construed by the English Courts as not to app...
Damages
Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202).The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrongdoing of another, (b) reparation awarded to the injured through legal remedies, and (c) its quantum being determined by t...
damage
damage [Old French, from dam injury, harm, from Latin damnum financial loss, fine] 1 : loss or harm resulting from injury to person, property, or reputation 2 pl : the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages may be awarded for a single injury. actual damages : damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered called also compensatory damages consequential damages : special damages in this entry direct damages : damages for a loss that is an immediate, natural, and foreseeable result of the wrongful act compare special damages in this entry ex·em·pla·ry damages [ig-zem-plə-r...
Examplary
Serving for example or pattern exemplary...
Exemplariness
The state or quality of being exemplary fitness to be an example...
Paradigmatic
Exemplary...
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