actual damages


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actual damages

See damages.
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Section 4, as amended by the committee, provides that a business which violates the provisions of this bill would be liable to the aggrieved consumer for a civil penalty of not less than $100 if the consumer was not injured by such a violation and for a civil penalty and actual damages if he was injured by such a violation.
The question of how to define actual damages may seem like a minor
S]tatutory damages must still bear some relation to actual damages," Davis wrote.
When the plaintiff opts for actual damages and disgorgement of profits attributable to the defendant's use of the infringing material, the damages portion of the case operates like a three-act play, with the burden of persuasion passing back and forth between the parties.
The court noted that emotional damages and incidental damages were not recoverable and held that fraudulent charges made on a credit card could be considered actual damages as long as the plaintiffs had remained liable for fraudulent charges.
The Court first points out that the EU may incur non- contractual or tort liability for the unlawful conduct of its institutions (1) if the EU institutions' conduct is unlawful, (2) if actual damage results, and (3) if a causal link exists between the institutions' conduct and the damage.
That was speculative, and the compensatory award covered only actual damages.
A jury awarded him $4,000 in actual damages and $2 million in punitive damages.
Supreme Court upheld a punitive-damages award 526 times the actual damages, and a 1996 case, BMW of North America Inc vs.
Most jurisdictions subscribe to the common law rule that a plaintiff must be awarded actual damages before recovering punitive damages.
The court then considers whether the actual damages for a breach of the contract are difficult to calculate or determine.
The seven companies are asking for nearly $10 million in actual damages and $10 million in punitive damages if performance of nine timber contracts already awarded them by the Forest Service are blocked.