Exemplary Damages. The Parties waive their rights to claim or recover, and the arbitral tribunal shall not award, any punitive, multiple, or other exemplary damages (whether statutory or common law) except to the extent such damages have been awarded to a third party and are subject to allocation between or among the parties to the Dispute.
Exemplary Damages. A claim for exemplary damages was pleaded. The para (10) of the Notice of counter-claim is in these terms;
Exemplary Damages. The claimant’s submissions:
Exemplary Damages. The Parties waive their rights to claim or recover, and it is expressly agreed that the arbitrators shall have no authority to award special, indirect, consequential, exemplary or punitive damages.
Exemplary Damages. The plaintiffs found their claim for exemplary damages on an allegation that the Council acted unreasonably towards them, and disregarded or was heedless of their welfare. They allege that the Council in acting in the way it did was motivated by malice and that it preferred the interests of Xx Xxxx. The object of exemplary damages is to punish and deter the wrongdoer, not to compensate the person upon whom the harm was inflicted. In Xxxxxx x Xxxxx [1982] 1 NZLR 81, 93 Xxxxxx J said that up until 1964 (when the House of Lords delivered its judgment in Rookes v Barnard [1964] AC1129) the circumstances in which such damages were appropriate could be stated with confidence. He referred to Xxxxx and XxXxxxxx on damages (12th ed, 1961) B196: “[Exemplary damages] can apply only where the conduct of the defendant merits punishment which is only to be considered to be so where his conduct is wanton as where it discloses fraud, malice, violence, cruelty, insolence or the like or as it is sometimes put, where he acts in contumelious disregard of the plaintiff’s rights.” In Xxxxxx the Court of Appeal declined to accept the three categories of cases in respect of which the House of Lords stated exemplary damages could be granted. So the general approach as described in Xxxxx and XxXxxxxx remains applicable. There are two further areas of potential difficulty if the facts of the case were otherwise to justify an award of exemplary damages. The first is whether liability for exemplary damages should be restricted to torts of intention or whether it can be extended to cases of negligence. The judgment of Tipping J in McLaren Transport Ltd v Somerville [1996] 3NZLR 424 indicates that it can be, but the issue may not yet be free from doubt. The second is whether it is appropriate for an employer to be held vicariously liable in respect of a tort giving rise to a personal liability by an employee to pay exemplary damages. Having regard to the view I take of the facts in this case, I do not find it necessary to decide either of these issues. Xx Xxxxxx submitted that there were three aspects of the Council’s conduct which called for condemnation. They were the failure by Xx Xxxxx to take immediate steps in November 1993, on becoming aware of the Council’s error, to bring that error to the plaintiffs’ attention. The second was the failure of the Council to bring to the plaintiffs’ notice the problem prior to the service of the stopwork notice. The third was what he described as...
Exemplary Damages damages awarded usually as a result of a finding of willful misconduct, fraud, malice or oppression, or conduct in reckless disregard of a party’s rights and interests, intended to punish the wrongdoer or to deter such conduct from occurring in the future, where the amount is not fixed by statute or otherwise.
Exemplary Damages. Section 2 is extended to indemnify the insured against liability for punitive or exemplary damages arising from:
1. accidental bodily injury, or
2. accidental loss to any property, occurring during the period of insurance, caused by or through or in connection with their use of the insured vehicle in New Zealand, provided that there is no indemnity under this extension:
a. arising from any dishonest, fraudulent or malicious act or omission by the insured or anyone acting on behalf of the insured, or
b. arising from any claim first notified to the insured but not notified to us within six months of that date. The most we will pay under this extension:
i. for any one event is the amount shown in the Limits and Excesses section, and ii. in total for all claims during an annual period is the amount shown in the Limits and Excesses section.
Exemplary Damages. The most we will pay for punitive or exemplary damages is $250,000 for any event. SETTLEMENT OF ANY CLAIM We may pay the sum insured under this Section of the policy, or any lesser amount that the legal liability can be settled for plus defence costs to date, and this will meet all our obligations under this Section of the policy. CONFISCATION You are not insured for loss or legal liability connected in any way with confiscation, acquisition, loss or damage by order of government, public or local authority, unless that order was for the purpose of preventing or reducing pollution arising from loss to your craft insured by this policy. EXCESS For each event, the excess will be deducted from the amount of your claim unless stated otherwise under an Additional Benefit. Where an event occurs that results in a claim under more than one section or benefit (or sub-section of a benefit) of this policy, we will apply only the highest applicable excess. INTENTIONAL OR RECKLESS ACTS You are not insured for any loss or legal liability arising from any intentional or reckless act or omission. LOSS OF ELECTRONIC DATA You are not insured for loss or legal liability in any way connected with loss of or damage to electronic data and any liability arising from this, directly or indirectly caused by, or in connection with a computer virus. This includes loss of use, reduction in functionality or any other associated loss or expense in connection with the electronic data. LOSSES NOT INSURED You are not insured for loss or legal liability:
Exemplary Damages covers the Insured’s liability for exemplary damages in New Zealand for bodily injury. There is no cover under this extension for liability arising from any dishonest or malicious act or omission by the Insured. The maximum the Insurer will pay any one claim or series of claims arising from one accident is the amount specified in the schedule. In respect of all claims during the period of insurance, the maximum amount that will be paid is the amount specified in the schedule. The excess stated in the schedule applies to this extension. Exclusion 2.3 and General Condition 2.4 does not apply to this extension.
