compensatory measure
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Author(s):  
Andrews Neil

The rules governing compensatory damages for breach of contract are complicated and at times difficult to apply precisely. This chapter considers those doctrines in detail: including the different `measures’ of compensation, and the defences of causation, remoteness, mitigation, etc. The paradigm measure of compensatory damages for breach of contract is the so-called ‘expectation’ or ‘loss of bargain’ species. Here the aim is to place the innocent party in the position in which he would have been if the contract had been properly performed. That aim cane be achieved notably by recovering the profits he had expected to gain under the contract. But where loss of profit cannot be easily proved, a ‘fall-back’ compensatory measure is reliance loss damages. These restore the innocent party monetarily to the position he enjoyed before the contract was breached, thus enabling him to recover his wasted expenditure.


2016 ◽  
Vol 14 (1) ◽  
pp. 47-57
Author(s):  
Bartłomiej Filek

The issue of the publication is the problematic aspect of compensatory measure of the punitive damage that is predicated pursuant to Art. 46 § 2 of the Criminal Code in the light of the Act of 20 February 2015 amending the Criminal Code Act and some other acts. In the publication the author has analyzed the issue of the scope of meaning of the various conditions necessary to predicate punitive damage pursuant to Art. 46 § 2 of the Criminal Code. Furthermore, the issue of the article is the problematic aspect of how to determine the amount of punitive damage, in particular the aspect of the application of this compensatory measure while judicial decision about the size of penalty set out in Art. 53, Art. 54 § 1 and Art. 55 of the Criminal Code. At the same time the author has analyzed the relationship that occurs between the punitive damage and liability for damages or compensation for suffered harm. Additionally, in publications, apart from the comments de lege lata, de legeferenda proposals were also presented within the scope of the subject of the analyzed problems.


2013 ◽  
Vol 4 (9) ◽  
pp. 148
Author(s):  
Guillermo Duclos Bautista ◽  
Javier Cousillas Ripoll

<p>We propose an interactive resource for the value enhancement, management, diffusion and accessibility of the architectural and archaeological heritage by means of virtual reality technologies through mobile devices. The resource is, in addition, a tool for the management of the heritage by the employment of intermediate modules that allow the graphical and alphanumeric update of the external and internal databases put in relation with the resource, depending on the interventions and investigations that on the monument are taking place in the time. Furthermore, the resource is a powerful compensatory measure for the virtual accessibility to the heritage by persons with limited mobility and / or sensory deficiencies.</p>


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