General Damages Clause Samples
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General Damages. The Parties agree that, in the event of a breach of any of the provisions of this Agreement, the defaulting Party shall be liable to the other Party for all damages or Losses which constitute direct and/or general damages. Notwithstanding anything contained to the contrary in this Agreement, the Parties agree that the following instances of Losses or damages, amongst others, shall be considered direct and/or general damages, irrespective of whether such costs are in fact direct, general, special, indirect or consequential damages: any incremental administrative activities and associated costs properly incurred by the Service Recipient (or any of its Affiliates) for the purpose of rectifying a breach by the Provider of its obligations to provide the Services in accordance with the Agreement; all costs associated with the recreating or reloading any of Service Recipient's lost or damaged Data; all costs and expenses in implementing any Work-Arounds in respect of a failure to provide the Services; the costs of replacing lost or damaged equipment, software or other materials; all costs and expenses incurred to correct errors in hardware maintenance, software maintenance and/or enhancements provided as part of the Services; the costs and expenses incurred to procure the Services from an alternate source; and all time costs, overtime and/or related expenses incurred by Service Recipient in respect of the Employees and other resources which it deploys in responding to or mitigating the consequences of any Service failure.
General Damages. To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for losses, damages, or costs exceeding in the aggregate the greater of (i) the total amount of Fees you paid to Stripe (excluding all pass-through fees levied by Financial Partners) during the 3-month period immediately preceding the event giving rise to the liability; and (ii) $500 USD.
General Damages. General damages are losses to the plaintiff that cannot be precisely quantified and are presumed by law to flow from the wrong committed by the defendant, as the direct, natural and probable consequences of it. See
General Damages. The trademark proprietor bears the burden of proving his loss on a balance of probabilities Compensatory principle: The amount of damages seeks to put the trade mark proprietor in the same position it would have been if the wrong(s) had not been committed
General Damages. Pain and suffering and loss of amenities - $2,650,000 with interest thereon at 3% per annum from November 30, 2006 to May 6, 2011. • Handicap on the labour market/loss of earning capacity - $700,000 • Cost of future care - $936,000
General Damages. Damages for trespass and breach of covenant for quiet enjoyments 138. In a claim of trespass, if the claimant proves the trespass he is entitled to recover nominal damages, even if he has not suffered any actual loss. If the trespass has caused the claimant actual damage, he is entitled to receive such an amount as will compensate him for his loss – Halsbury’s Law of England (Vol. 97 (2015) at [591]. 139. In CV2006-02600 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ v Danish ▇▇▇▇▇▇▇ Master Alexander at paragraph 41 opined that it is the responsibility of the court to ensure that a claimant receives reasonable and adequate compensatory damages even in the absence of the requisite evidence: “I bear in mind that in the instant case at bar, despite the lack perpetrated the wrong and for this he was fully responsible. The failure of the claimant to prove the extent of compensation due to him does not give the defendant a ‘Get Out of Jail Free’ card to play and so allow him to escape with a slight tap on the hands nor does it absolve this court from attempting to fairly assess damages and/or in default of this making a fair and reasonable award in nominal damages.” 140. In the case of CV2005-00454 Jacob & Polar v ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ J accepted that nominal damages will be awarded in two circumstances: (a) In recognition of an infraction of a legal right giving the successful party judgment. There is no need to prove actual loss; and (b) Where damage is shown but its amount is not sufficiently proved. See ▇▇▇▇▇▇▇▇ on Damages Common Law Library 1997 paras 420; 427-429.
General Damages. The standard analysis used by assessors to determine compensation for personal injuries begins with the Cornilliac6 framework. These criteria are: (i) the nature and extent of the injuries sustained; (ii) the nature and gravity of the resulting physical disability; (iii) the pain and suffering endured; (iv) the loss of amenities suffered; and
General Damages. Damages that occur in bedrooms will be charged to the individual living in the room. Damages to common areas and washrooms will be divided between all residents living in the Residence unless the responsible individual contacts the Residence office. Cleaning and Maintenance - You are expected to keep your room and the common areas clean and tidy at all times. Common areas are a shared responsibility between all roommates. Your responsibilities include emptying the garbage, vacuuming, dusting, keeping fridge and stove clean, washing floors, bathroom cleaning and any other cleaning requirements. Residents are required to clean up immediately after cooking or preparing food and to wash their dishes immediately and put them away. Room 1 – Upstairs Room 2 – Upstairs Room 3 – Upstairs Room 5 – Downstairs Room 6 – Downstairs
General Damages. General damages are damages that flow from a breach. The non-breaching party is entitled to expectancy damages under the terms of the contract. Developer is able to receive the difference between the contract price and the new contract price. Painter and Developer’s contract was for $40,000. ▇▇▇▇▇▇▇▇▇ had to pay another painter to complete the building. Based on the facts he paid Painter one-half of the contract price, thus, we can infer that the apartment was one-half painted. Developer had to pay an additional $30,000 for the remaining one-half of the apartment building to be painted. This shows that Developer paid $50,000 for the apartment to be completely painted. Thus, the general damages under the contract would be $10,000.
General Damages. In my assessment of the pain, suffering and loss of amenities, the Court is guided by the traditional principles of examining the nature and extent of the injuries sustained, the nature and gravity of the resulting disability, the pain and suffering endured, the loss of amenities, the extent to which his pecuniary prospects have been affected. See Cornilliac v