Punitive damage is defined as monetary damages in excess of a compensatory award, usually granted only in intentional tort cases where defendant’s conduct involved some element deserving punishment. Punitive damages are also called exemplary damages since they are intended to punish the wrongdoer (Reed et al 796). There is an ongoing debate over whether or not awarding punitive damages need to be limited and a national concern that this award in a lawsuit may very well violate due process clause
tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working
of inflicted harm is without a doubt considered the primary function of tort law in any legal system.’ Compensation is a form of corrective justice that can take a variety of forms. It is usually monetary in nature and manifested in an award of damages but may also be injunctive where necessary or take the form of self-help relief. According to Cecil A Wright; in modern living there must of necessity be losses and therefore, the purpose of the law of torts is to adjust these losses and to afford
years. The movie has four evidenced exhibits, which Susan Saladoff uses to illustrate the alleged lame side of the United States tort reforms. Tort reforms are the limits set by the states on the payment allowed to be honored by the defendant as damages to the plaintiff. The first exhibit is on Stella Liebeck, where McDonald spilled coffee on her lap, which resulted in severe burns. Stella Liebeck was in the passenger seat, together with her grandson Chris. She ordered some coffee at local McDonald
question of punitive v. compensatory damages Damages are a fundamental principle in the American legal system. However, a number of recent cases in the United States have sparked a debate on the issue, the most famous one being the “hot coffee lawsuit”1. In 1994, Stella Liebeck bought coffee at a McDonald’s restaurant, spilt it, and was severely burnt. She sued the McDonald’s company, received $160,000 in compensatory damages, and $2.9 million in punitive damages. A judge then reduced the punitive damages
as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages. Because specific performance and rescission are equitable remedies that do not fall within the jurisdiction of the magistrate courts, they are not covered in this tutorial. What Damages Can Be Awarded? There are two general categories of damages that may be awarded if a breach of contract claim is proved. They are: 1. Compensatory Damages. Compensatory
wanted Bredenburg to be reprimanded and for the sexual conduct to stop. Unfotunately Bredenburg continued harassing her so she decided to take the case to court. The jury came to a verdict awarding Steinhoff $25,000 in compensatory damages, and $250,000 in punitive damages. As you can see sexual harassment in the workplace is alive and well. In most cases if a sexual harassment situation comes up in the workplace a manger will usually fire the harasser although in some instances that isn’t always the
Introduction An unfortunate dispute arose between an old lady named Stella Liebeck and the chain food restaurant McDonald in 1992 when this old lady received an extensive burn from coffee supplied by McDonald. Differentiating its coffee with an excessively high hotness, Stella Liebeck bought a cup of this coffee and it was served why she was sitting in the passenger’s seat of her grandson’s car. It resulted into litigation because when this lady tried to add cream and sugar into the coffee, it spilled
and breach of warranty and awarded t... ... middle of paper ... ...s best attempts to put a value on Robin Aloe’s life, including the loss of her earnings as well as her companionship, guidance and support to the family. In addition, the punitive damages of $18 million will be the court’s attempt to encouraging Toys R Us and similar companies to avoid importing unreasonably dangerous toys in the future as well as to follow the necessary guidelines before selling those products in the US market
Since his company breached the contract agreement, I’ll be seeking a reasonable amount of money as compensatory damages to cover the cost of the lost businesses that have happened since the breach. Being a good Christian and a Sunday school teacher, I suspect that he’s probably aware of the story of Zaccheus in the new testament. “Zaccheus stopped and said to the Lord
Research the case of Stella Liebeck, an elderly grandmother who received third-degree burns when she spilled coffee purchased at a McDonald’s drive-through. Stella Liebeck was a 79 years old grand-mother who suffered third degree burn in her pelvic region when she accidentally spilled hot coffee on her lap while sitting on the passenger side of her grandson’s car after she purchased a cup of coffee from McDonald drive-through window. She was subsequently hospitalized, while she underwent skin grafting
Equitable remedies are enforced when money damages does not adequately satisfy the non-breaching party. Some types of equitable remedies available are: Rescission which allows the non-breaching party to cancel their contractual responsibilities. Reformation whereby the parties can modify the contract
some Kmart employees harassed and accused the Dallas couple of going through their garbage. The employees were fired and the Dallas couple sued for $23 million. Fortunately the couple didn’t receive all that money, there is a state law capping punitive damages which forced the judge to reduce it to $250 thousand dollars. The plaintiffs feel that they have been mistreated and that Kmart should reconcile with them by paying them off. The couple states at the end of court that “they believe us. That
software, including source code, copied Cisco documentation and other copyrighted materials, and infringed numerous Cisco patents. Cisco seeks remedies to prohibit the continued misappropriation of its intellectual property by Huawei and recover damages resulting from Huawei's illegal actions.1 Cisco's complaint addresses the following claims: . Copying of IOS source code: Cisco alleges that Huawei has copied portions of the Cisco IOS source code and included the technology in its operating
also show how this type of dysfunctional father-child relationship can lead to the child finally disavowing their father and previous life. The Chosen, "Dead Bodies Everywhere", and "Tandy" all show Fathers that try to change their children, the damage caused by this effort, and finally the total renunciation by the child of their previous life. In The Chosen, "Dead Bodies Everywhere", and "Tandy" the major factor in a dysfunctional father-child relationshi...
Language has been instilled in us ever since we were babies inside our mother’s womb. We often take language for granted since most of us have never had to live a life of silence. It is perhaps because of this that people who have suffered brain damage caused by strokes, gunshot wounds, brain tumors, or other traumatic brain injuries feel a loss of self when they lose their ability to speak (1) . If we can’t talk then we can’t communicate right? Wrong. We often speak of our brains being lateralized
studying sleep. It is easy to observe the harm that is done to a human or animal deprived of sleep. A rat prevented from sleeping will lose the ability to maintain body temperature and die in about three weeks, showing no evidence of physiological damage (1). In humans, sleep deprivation impairs thinking and suppresses the immune system. But why this deterioration take place is less clear, and the object of disagreeing theories. This essay will try to explain the function of sleep based on what is
As well as replicating, a virus may carry a Damage routine. There is also a set of programs that are related to viruses by virtue of their intentions, appearances, or users likely reactions. For example: ¨ Droppers ¨ Failed viruses ¨ Packagers ¨ Trojans ¨ Jokes ¨ Test files THE DAMAGE ROUTINE Damage is defined as something that you would prefer not to have happened. It is measured by the amount of time it takes to reverse the damage. Trivial damage happens when all you have to do is get rid of
Termination of employment is that time when the employment relationship ends. There are two sorts of occupation terminations. Termination can be voluntary or it can likewise be involuntary. The two of them have a wide distinction. Involuntary termination, the employee ends the work because of acquiescence or retirement. In any other case, an employer can terminate an employee for any cause or without cause. For instance, Employer can ask his employee to leave due to serious absenteeism, open disobedience
The Canadian employment law system consists of three regimes: common law, employment regulation, and collective bargaining agreement (CBA). From these regimes, the common law of employment is one that was created by Judges over centuries in order to regulate the employer-employee relationship. Judges, from lower level to upper level courts have used employment contracts and torts, two tools available to them under the common law system to aid in decision-making with respect to employment law cases