Pecuniary Damages Essay

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Non-pecuniary Damages: The next area of torts I will discuss are non-pecuniary damages. Also known as general damages, these include fault for pain and suffering, loss of enjoyment of life and loss of life expectancy. The most likely type of events that could cause non-pecuniary damages are caused by the person experiencing these damages which means they’re at fault themselves. Since Airbnb does not employ the hosts and they do not represent Airbnb in any way, the platform cannot be liable for any non-pecuniary damages. Pecuniary Damages: Relating to the previous term, pecuniary damages follow the same principles in relation to the Airbnb’s terms. Pecuniary damages fall into three categories: cost of future care, loss of future income, …show more content…

Recall our two types of trial courts (inferior and superior), the Small Claims Court is generally an inferior court whose judges are appointed by the provincial government. As a branch of the Superior Court of Justice, the Small Claims Court deals with smaller amounts of financial compensation which depends on the province. In Ontario, all claims that end up in the Small Claims Court will be below CDN $25,000. This process is designed to be much quicker and less expensive that litigation itself since it is common that a lawyer is not even involved. Generally, this court deals with claims for money owed under an agreement and claims for damages. The Airbnb Terms of Service mention this type of court in Clause 19 which outlines dispute resolution. If a resolution is not personally resolved between the parties and the Airbnb representatives, the plaintiff has the right to seek relief in small claims court. Both parties get a variety of options to make this process as convenient as possible. For example, either party can participate live, by phone, video conference or even by a simple submission of documents. Airbnb also includes that the initial filing fee is capped at CDN

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