12. Remedies and Costs

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Punitive damages – some reason at last
Ashley Cahif formerly with Sparke Helmore Lawyers. Sackville AJA held that only one six-month qualifying period was involved and it was not a continuing requirement. This is a non-exhaustive list. The duty of care is owed from the point of withdrawal. For instance, damages in trespass cases involving assault, battery and false imprisonment commonly include a component for injury to feelings or mental distress caused by the tort, as do cases of malicious prosecution and defamation. Muller v Sanders 21 MVR Establishing a right to privacy in Australia:

Civil Trials Bench Book

Aggravated Damages Definition:

When a person is injured in an accident, whether it be a motor vehicle accident, or an accident at work, depending on their circumstances, they may be entitled to damages. There is often confusion about the types of damages that can be awarded to claimants, and I will address some of these below. One often hears stories in the media, usually coming out of the United States, about massive punitive damages awards being imposed.

It seems that courts or, rather, juries in the United States frequently order defendants to pay tens of millions of dollars as punitive damages. Punitive damages are money awards that are ordered with a view to punishing the defendant for the high-handed way in which the defendant acted.

Punitive damages are sometimes referred to as exemplary damages. Plaintiffs in Australia will be disappointed to hear that punitive damages are very rarely available in this jurisdiction.

Parliaments throughout Australia legislated at the beginning of the twenty-first century to bar courts from awarding punitive damages in all but a handful of situations. It is only in very rare personal injury cases that the courts retain the power to order the defendant to pay punitive damages.

Another species of money awards is aggravated damages. Their precise nature and purpose is not well understood. However, according to one view, aggravated damages are ordered with a view to requiring the defendant to compensate the plaintiff for mental distress suffered on account of the way in which the defendant injured the plaintiff. Aggravated damages, like punitive damages, have essentially gone the way of the dinosaur in Australia. Legislation prohibits the courts from awarding them.

Harvey , where the Judge more specifically referred to the undesirable practice of duelling. Punishment and deterrence are of course purposes which are served by the criminal law.

The introduction of criminal law purposes into the law of torts did not represent a new development, but reflected the common historical roots of the laws of tort and crime. Both branches of the law being addressed in large parts to same type of conduct, the modern separation of their different purposes and procedures was still being completed at that time.

They are awarded where the court feels that the award of compensatory damages will not achieve sufficient deterrence and that the defendant's actions must be further punished. Punitive damages bear no relation to what the plaintiff should receive by way of compensation.

Their aim is not to compensate the plaintiff, but rather to punish the defendant. They are in the nature of a fine which is meant to act as a deterrent to the defendant and to others from acting in this manner.

It is important to emphasize that punitive damages should only be awarded in those circumstances where the combined award of general and aggravated damages would be insufficient to achieve the goal of punishment and deterrence.

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Damages awarded by a court to reflect the exceptional harm done to a plaintiff of a tort action. Save time with our search provider modern browsers only If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you!

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