damages are recoverable. Such are the common law action of waste, and trespass quare clausum fregit; as likewise trespass on the case for injuries affecting things real, as for nuisances to houses or lands; disturbance of rights of way or of common; obstruction or diversion of ancient ...
Part I of this article intends to trace the origins of the remedy of account of profits for breach of contract enunciated in Blake. Part II attempts to illustrate its juridical problems and implications to the law of damages and how they can be reconciled. Finally, Part III hopes to ...
Generally, when the courts of law find that unjust enrichment has occurred, they enforce a constructive trust, so the awards are higher than the awards given for damages based on quantum meruit. Quantum meruit provides an assertion for monetary compensation to put the plaintiff back into the fina...
The false claim has caused the other party to suffer damages. The false claim has benefited the first party in some way. All misrepresentations are considered civil offenses and are dealt with in civil court. In the case of innocent misrepresentation, if found to be valid, the solution is ...
Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, includi...
distributors, and assigns harmless from and against all claims, costs, damages, and expenses, arising out of any claim, including claims for product liability, personal injury or death, or property damage arising from any use of a Cypress product as a Critical Component in a High-Risk Device....
Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from th... V Mak - 《Studies of the Oxford Institute of Europea...
Against the policy backdrop of strengthening IP protection, the application of punitive damages seems to exceed the necessity. The Trademark Law, Patent Law and Copyright Law in China allow the calculation of damages by substituting the right owner's loss with the infringer's profit; and the ...
Greater punitive damages might also be given if non-economic harm is difficult to calculate, injuries are hard to detect and could prompt a need for continuous care, or if the defendant’s conduct is extraordinarily offensive. Regardless of the award, the defendant is always given fair notice f...
If someone has defamed you, you can sue them for slander. Since it falls under tort law, you can pursue your case in civil court and seek monetary damages. You must bring proof of the defamation. It’s a good idea to bring witnesses, including the person or people to whom the statemen...