| 单词 | damages |
| 释义 | damages damages a monetary sum, awarded by a court, or the subject of an advance agreement between parties, payable for breach of a legal obligation. In a case of breach of contract, the innocent parties may want the goods they bought or hired – in Scotland they may be able to claim this as of right by way of SPECIFIC IMPLEMENT. In England, SPE- CIFIC PERFORMANCE is discretionary. For this reason, an award of dam- ages is sometimes described as substitutional redress – instead of getting exactly what one wants a substitute is given. In the case of personal injuries this is seen clearly – the accidentally amputated leg is gone and a new one cannot be given; instead, the courts try to compensate as best as money can. Much depends, however, on why damages are being awarded. In contract, the attempt is to make up for the disappointed expectation of the contractual performance, in tort or delict it is to put matters back as they were before the wrong was done. In some cases, and they are very few, damages are to pun- ish the wrongdoer, when they are called penal. Exemplary damages are awarded, in England, to show that tort does not pay and to make an example of the tortfeasor. Since Rookes v. Barnard [1964] AC 1129, it is clear that they cannot be awarded generally but only in two types of case:(1) oppressive and unconstitutional action by government servants. This could include local government and police officers (Bradford City Metropolitan Council v. Arora [1991] 3 All ER 545); (2) where the defendant proceeds in the knowledge that he is wrong and is calculated to make a profit that he calculates will exceed the compensation payable (Broome v. Cassell & Co. Ltd [1972] AC 1027). |
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