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Damages Explained


Lawdit Solicitors - Expert Author

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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 damages).

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

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