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14 December 2009
By Riyaz Jariwalla
Damages are a monetary payment as the legal remedy for
infringement of legal rights.
The amount to be paid normally reflects the compensation
required by the claimant for loss caused by the defendant's wrongdoing (compensatory
damages). However the court may increase this compensation because of the
additional hurt caused by the way in which the defendant acted (aggravated
In limited circumstances the court, representing the public
interest, may mark its disapproval of the defendant's behaviour by adding a
penalty element to the damages (exemplary damages).
Where there has been a breach of contract, the contract itself
may provide how damages for the breach are to be calculated (liquidated
damages). An infringement of a legal right which has caused no compensable
loss may result in only nominal damages.
Riyaz Jariwalla is a solicitor who specialises in
intellectual property law and commercial litigation.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2009-12-31 06:41:46 in Legal Articles