In any such action, the owner may recover two hundred dollars or three times
the amount of the actual damages sustained by him, whichever is greater, and may also recover costs of the action and reasonable attorney fees; but monetary damages and attorney fees shall not be recoverable from a good - faith purchaser or good - faith holder of the property.
This means that the award of punitive damages can not exceed
the amount of actual damages that the jury awards.
A person that is damaged by a credit services organization's violation of this chapter may: (1) bring an action to recover the greater of two (2) times
the amount of actual damages or one thousand dollars ($ 1,000) and attorney's fees; and (2) bring an action against the bond or irrevocable letter of credit required under section 8 of this chapter to recover an amount equal to the person's actual damages.
Not exact matches
You can not choose how much to buy as the most that an insurance company will pay out is the
actual value
of your car (what it was worth on the open market before
damage occurred) minus the deductible
amount.
B. Any credit services business which is negligent in failing to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an
amount equal to the sum
of any
actual damages sustained by the consumer as a result
of the failure.
You as an individual may also sue for
actual damages plus twice the
amount of any finance charges, but in any case not less than $ 100 nor more than $ 1,000.
With
actual cash value, the insurance company pays you an
amount equal to the replacement value
of damaged property minus a depreciation allowance.
If the debtor is entitled to a refund and the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including the filing
of a legal action, the debtor shall recover a penalty
of five times the
amount of the
actual economic
damages not to exceed the finance charge, but in any event not less than one hundred dollars ($ 100).
(ii) As to transactions occurring after May 20, 1996, any creditor charging a finance charge in excess
of the
amount authorized herein, except as specified in subdivision (2), shall forfeit to the debtor the
amount of the
actual economic
damages not to exceed the finance charge, which may be done by reducing the
amount of the debtor's obligation.
In case
of an action brought by a buyer,
actual damages shall not be less than the
amount paid by the buyer to the credit repair services organization.
A buyer injured by a violation
of this Part or by a credit repair services organization's breach
of contract subject to this Part may maintain an action in a court
of competent jurisdiction for recovery
of actual damages plus costs
of suit and reasonable attorney fees, which shall be measured by the time reasonably expended by the consumer's attorney and not by the
amount of recovery.
In the event
of a willful violation by a credit repair services organization
of this Part or
of a contract subject to this Part, a person who is injured thereby shall be awarded, in addition to the
damages allowable under Subsection A
of this Section, an additional
amount equal to twice the
actual damages awarded under Subsection A
of this Section.
The
amount of the liability is limited to the cost
of actual damages to the customer, including arrest, prosecution or other consequential
damages.
Any pet store found in violation with respect to the sale
of a dog or a pet store that fails to refund the purchase price
of a dog is liable to the purchaser
of the dog for an
amount that is equal to the
actual damages incurred by the purchaser within one year after the date
of the purchase
of the dog, except veterinary expenses
of up to $ 500.
Meant to hurt enemies that get too close to be hit by the
actual bullets, these special attacks do a reduced
amount of damage so that playing properly is always the best option.
This tells me that there's a decent
amount of randomness in the
actual damage roll, which makes reverse - engineering the
damage formula much more difficult.
Common law punitive
damages does require that a defendant act with «
actual malice» toward a plaintiff or that he acted under circumstances that
amount to «a willful and wanton disregard»
of a plaintiff's rights.
Actual damages, such as medical bills or estimated future expenses as a result of the injury, are only limited by their actual or estimated amount and are not bound by any legislatively set a
Actual damages, such as medical bills or estimated future expenses as a result
of the injury, are only limited by their
actual or estimated amount and are not bound by any legislatively set a
actual or estimated
amount and are not bound by any legislatively set
amount.
Under this statute, barratry victims can recover (1) a penalty in the
amount of $ 10,000; (2)
actual damages caused by the prohibited conduct; and (3) reasonable and necessary attorney fees.
In determining the
amount of damages, the Court
of Appeal set a maximum
amount of $ 20,000.000 in
damages for cases where no
actual financial loss was suffered, as was the case here.
The private right
of action would have allowed recipients
of CEMs sent in violation
of CASL to seek a court judgement for an
amount equal to the
actual loss or
damage suffered or expenses incurred, alongside administrative penalties
of up to CAN 200 (approx.
The Supreme Court
of Canada recently rules on mental distress cases in the workplace in the Keays case, finding that the
amount of damages should be consistent with an employees
actual losses.
If victims claim punitive
damages, the jury will consider factors including the degree
of reprehensibility
of the defendant's actions, the disparity between the punitive award and the
actual harm, and the
amount of sanctions usually imposed for similar actions.
In the appeal, the defense argued that if the bills have to go in, then the
amounts actually paid should go in too and that the jury can then decide, based on this competing evidence, what the
actual «value»
of the services was for purposes
of assessing
damages.
Courts will be entitled to order violators to pay applicants an
amount equal to the
actual loss or
damage suffered or expenses incurred by the applicant, plus additional statutory
damages up to a maximum
of:
If the applicant claims they have suffered an
actual loss or
damage, or have incurred expenses, as a result
of the alleged contravention or reviewable conduct, the affidavit must also state the nature and
amount of the loss,
damage or expenses.
The insurance company and its attorneys, however, must carefully consider all the factors
of the case — including the extent
of the injuries and the
amount of insurance coverage available — before taking any steps that could result in the
actual defendant being personally responsible for payment
of damages.
This definition is often used to compare it to
Actual Cash Value (ACV) and to explain why you are not being paid the full
amount of your
damages.
You will need to choose either «
Actual Cash Value» coverage, which replaces
damaged or stolen goods while taking depreciation into consideration, or «Replacement Cost» coverage, which will reimburse you the
amount of replacement for stolen items at the current cost.
If you are in a serious accident and are deemed to have caused it, the
actual costs
of medical bills, funeral expenses, lost wages, and
damaged property can soar well beyond these minimal
amounts of insurance.
The insurer reserves its right to repair reinstate or replace the motor vehicle or any part thereof and / or its accessories or may pay in cash the
amount of the loss or
damage and the liability
of the Company shall not exceed the
actual value
of the parts
damaged plus the reasonable cost
of fitting and shall in no case exceed the insured's estimate
of the value
of the motor vehicle.
Deciding the
amount for cover, and cover for different categories and kinds
of damage requires that we are clear eyed about the
actual worth and value
of our house and its contents.
This cover ensures that this depreciation factor does not affect the claim
amount and the
actual amount of the parts
damaged are paid without considering their depreciated value.
Actual Cash Value (ACV), also referred to as market value, is a term commonly used in the insurance industry to define the
amount of money needed to replace and repay something that has been stolen,
damaged beyond repair and lost that is something
of similar quality.
Replacement Cost and
Actual Cash Value: Replacement cost policies provides you with the dollar
amount needed to replace a
damaged item with one
of similar kind and quality without deducting for depreciation (the decrease in value due to age, wear and tear, and other factors).
The second, and less desirable, insurance is
actual cash value that will pay you an
amount equal to the replacement value
of the
damaged property minus depreciation.
The chart below shows
actual quotes from six insurers for a female California driver with a clean record and liability coverage limits
of $ 100,000 per person, $ 300,000 per accident and $ 50,000 for property
damage, plus uninsured motorist coverage in the same
amounts.
For physical loss or
damage, coverage includes the hull, fittings, machinery, furnishings and permanently attached equipment as part
of either an
actual cash value policy or on an agreed
amount value basis.
This is in case where the
damage to the car is so much that the claim
amount received by the policyholder is much less than the
actual value
of the car.
In the home insurance industry replacement cost and
actual cash value refer to the
amount of money your provider will pay out if your home or its contents are
damaged or destroyed.
Reimbursement value reimburses you the full
amount to replace items if they are stolen or
damaged;
actual cash value reimburses you the
amount the items are worth now after years
of depreciation.
If you have
actual cash
damage coverage, you'll receive the
amount your property is worth at the time
of the car accident.
If your policy covers the
actual cash value, then you will receive an
amount equal to the cost
of the AC at the time
of damage.
In the event
of an accident, say a couch that suffers water
damage in a flood, the value
of that couch to the insurance company, and hence the
amount of money paid back to the policy holder, can be determined as an ACV (
actual cash value) or as its replacement value.
The User agrees at his own expense to indemnify, defend and hold completely harmless Exide Life, its directors officers, employees and advisors to the fullest extent from all actions, suits, claims, proceedings, costs,
damages, judgments,
amounts paid in settlement and expenses (including without limitation attorneys fees and disbursements at
actuals)(collectively «Loss») relating to or arising out
of a breach by the User
of the Terms
of Use relating to this website or arising out
of or in connection with the particulars, personal details, representations or warranties given by a User or arising from any other conduct
of a User in relation to the use or access
of this Website as a result
of which, in whole or in part, Exide Life is made a party to, or otherwise incurs any Loss pursuant to, any action, suit, claim or proceeding arising out
of or relating to any such conduct.
An
actual cash reimbursement will give you the
amount of how much the item, like a TV for example, would be worth at the time it was
damaged.
Actual cash value covers the
amount of money that your property is worth at the time it is
damaged.
Actual cash value coverage will pay out a depreciated
amount for
damages, but replacement value coverage will repair or replace the
damaged item or structure regardless
of the cost to do so.
The appeals court determined that a liquidated
damage clause is enforceable only if the parties agree in advance to the
amount of the
damages, the
damages bear a relationship to the monies lost through the contract termination, and the
actual damages might be uncertain and difficult to prove.
Replacement Cost and
Actual Cash Value: Replacement cost policies provides you with the dollar
amount needed to replace a
damaged item with one
of similar kind and quality without deducting for depreciation (the decrease in value due to age, wear and tear, and other factors).