Topic
Damages
About: Damages is a research topic. Over the lifetime, 9365 publications have been published within this topic receiving 89750 citations. The topic is also known as: compensation award.
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TL;DR: The authors examines contract remedies, especially damage awards that are punitive or restitutionary, from the standpoint of corrective justice, where the function of the damage award in corrective justice is to undo, so far as possible, the defendant's violation of the plaintiff's right.
Abstract: This Paper examines contract remedies, especially damage awards that are punitive or restitutionary, from the standpoint of corrective justice. The function of the damage award in corrective justice is to undo, so far as possible, the defendant's violation of the plaintiff's right. Because the nature of the right determines the nature of the remedy, a discussion of contract damages requires elucidation of the right infringed by a breach of contract. Drawing on Kant's now almost forgotten discussion of contractual rights, the Paper sketches the relationship between the promisee's right to contractual performance and expectation damages, which give the promisee the value of that right. The Kantian account of contractual right not only justifies expectation damages as compensatory in accordance with corrective justice (thus resolving the perplexity about expectation damages formulated by Fuller and Perdue), but also discloses the inaptness of requiring the disgorgement of gains resulting from contract breach. Turning then to punitive damages, the Paper addresses the question of how corrective justice and punishment - and the institutions devoted to them - coexist, and how they are differentiated in a legal order based on rights. It then discusses the difficulties that emerge from the elaborate but ultimately unsatisfying recent attempt by the Supreme Court of Canada to work out a coherent treatment of punitive damages for contract breach.
34 citations
01 Jan 2015
TL;DR: In this paper, a correlation between the restoration of abandoned projects in Malaysia and future restoration that is intended for the damages caused by the 2014 flood is also shown, where these factors were developed through observation and measurements from literature reviews and other officials related to project restorations.
Abstract: The 2014 flood that happened from December 2014 to January 2015 is considered to be the worst flood
in a decade. There was an outpouring support from other international officials in terms of moral, physical and also
donations. The impact of this flood left the nation with expensive damages and great devastation as well. This paper
looks into the impact of the flood in terms of losses, damages and costs towards the nation. The impact is illustrated
by obtaining data, statistics and also visuals of the recent flood. From this paper, a correlation between the
restorations of abandoned projects in Malaysia with future restoration that is intended for the damages caused by
this flood is also shown here, where these factors were developed through observation and measurements from
literature reviews and other officials related to project restorations. An understandable and clear view has been
established on this catastrophe. Here, some guidelines and factors has also been identified, hoping to contribute
towards the restoration of this damages in Malaysia. The estimation on the damages due to the massive flood is in
the vicinity of RM 1 billion. Therefore, the restoration should be completed adequately with proper planning and
management.
34 citations
01 Jan 2017
TL;DR: In this paper, the authors have used analytic-descriptive method to studding the relation between land usage and urban areas vulnerability against earthquake hazards, they have chosen a city called Semnan, collected necessary information, and in the following section would have surveyed ways to reduce damages caused by earthquake.
Abstract: Due to building's high vulnerability and lack of necessary infrastructures for proper crisis management, the seismic hazards in these urban areas are too high. Also, in order to preparedness and risk reduction before earthquake occurrence, evaluation of vulnerability is necessary. A great earthquake causes numerous losses and damages due to locating the case study on the seismic zoning. The occurrence of natural events such as earthquake have devastating impacts on human life and caused severe losses, destroyed man-made structures and infrastructures that is followed by vast socio-economic losses. Improper distribution of buildings, infrastructures, population and required facilities all over the city is an important reason for settlements and buildings vulnerability. Natural incidents such as earthquake cause life losses and numerous damages in various physical sites and population. In this research we have used analytic-descriptive method. Indeed we believe that we can reduce damages caused by earthquake through proper planning and designing, especially proper urban land usage. Here in order to studding the relation between land usage and urban areas vulnerability against earthquake hazards we have chosen a city called Semnan, collected necessary information, and in the following section would have surveyed ways to reduce damages caused by earthquake.
34 citations
TL;DR: This conceptual analysis explores ecosystem service valuation from the perspective of "baselines," which are a fundamental component of both primary and compensatory restoration activities, and argues that it is more appropriate to characterize baselines in value terms, thereby integrating non-market valuation approaches from the onset of the damage assessment process.
34 citations