Bibsfi4a
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bibsfi4a
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A
BILL
To
Define the different forms of damages.
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the 'Legal Damages Act.', ‘Damages Law’ or ‘The Law of Damages’
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by: Matthew100x
(4) This Act has been proposed by: bibsfi4a
(5) This Act has been co-sponsored by: RandomIntruder.
2 - Reasons
(1) Due to recent court decisions, it is clear that a definition is needed for provable damages in a lawsuit.
3 - Applicability
(1) These definitions and rules for damages apply to all civil legal matters. Section 9, Legal Fees, shall apply to all legal matters.
(2) Awards are to be given for each type of damage if they are both asked for and meet the definitional criteria.
4 - Compensatory Damages
(1) Definition:
(a) "Compensatory damages" are the damages awarded to a person as compensation; security or protection against a loss or other financial burden; or the restoration of something lost or stolen to its proper owner.
(2) Award:
(a) Compensatory damages will not be awarded without proof of pecuniary loss including compensation for harm to property, harm to earning capacity, and the creation of liabilities; unless they are special damage.
(b) Is limited to either the authorized statute’s limit or actual amount of damages, whichever is lower.
(3) Diminution of Award:
(a) Duty to Mitigate - A party’s obligation to make reasonable efforts to limit the harm they suffer from another party’s actions. In order to prove this damage, a party must prove that the other side did not exhaust measures to protect the other side’s interest. However, this defense does not bar or diminish a plaintiff’s claim if a defendant breached a contract that they had been conforming to; nor must a party exhaust all measures to prove that they did attempt to mitigate .
(b) Contributory Negligence - s conduct on the part of the plaintiff which falls below the standard to which he should conform for their own protection, and which is a legally contributing cause co-operating with the negligence of the defendant in bringing about the plaintiff's harm. In order to prove this defense, a defendant must prove that the percentage of a plaintiff’s overall conduct, no greater than 50%, caused the plaintiff’s harm. Whatever percentage of liability proven for contributory negligence by the defendant shall be deducted from the plaintiff’s compensatory damages award should the plaintiff ultimately prevail in their action.
5 - Punitive Damages
(1) Definition:
(a) “Punitive damages” are damages awarded against a person to punish them for their outrageous conduct and to deter them and others like them from similar conduct in the future, as a counter claim if a party believes the case to be frivolous and outrageous, or as authorized by law. These damages are distinct from 4 - Compensatory Damage as there does not need to be any actual loss to be compensated. A penalty clause in a contract would fall under this definition as well.
(2) Award:
(a) Punitive damages will not be awarded unless they are either authorized by statute or unless the conduct of the other party in causing the party’s harm is outrageous.
(b) In the event that punitive damages are being argued because an authorized statute grants it, the award shall be limited by the amount granted by law.
(3) Diminution of award:
(a) In assessing a punitive damage award, the judicial officer can properly consider the character of the defendant's act, the nature and extent of the harm to the plaintiff that the defendant caused or intended to cause and the wealth of the defendant.
(b) A defense against punitive damages can be made to assess whether or not conduct was “outrageous”.
6 - Nominal Damages
(1) Definition:
(a) “Nominal damages” are a trivial sum of money awarded to a party who has established a cause of action but has not established that they are entitled to any other damages listed in this act.
(2) Award:
(a) Is capped at $7,500.
(3) Diminution of award:
(a) There shall be no diminution of award or defenses to nominal damages.
7 - Consequential Damages
(1) Definition:
(a) “Consequential Damages” An award that a party can collect against an opposing party for damages that are otherwise incalculable. Below is a non-exhaustive list of Consequential Damages:
(I) Humiliation - Situations in which a person has been disgraced, belittled or made to look foolish. Humiliation damages may be proven by witness testimony and reasonable person tests, or any other mechanism the presiding judicial officer considers persuasive.
(II) The Worsening of any Existing Conditions - Situations in which a damage is caused by a party that caused harm to another party that were unforeseen or unrelated to the original harm.
(III) The Loss of Enjoyment in Redmont - Situations in which an injured party loses, or has diminished, their ability to engage in certain activities in the way that the injured party did before the harm. Loss of enjoyment in Redmont damages may be proven by witness testimony and reasonable person tests, or any other mechanism the presiding judicial officer considers persuasive.
(2) Award:
(a) Consequential damages can be argued in conjunction with 4 - Compensatory Damages to negate diminutives of an award for compensatory damage.
(b) No plaintiff shall be awarded more than $150,000 in total consequential damages in a single case.
(3) Diminution of award:
(a) In assessing a consequential damage award, the judicial officer must review the available evidence and deny awards that do not have sufficient proof according to the standard of a balance of probabilities.
8 - Liquidated Damages
(1) Definition:
(a) “Liquidated Damages” is an award whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach. It is an estimate of otherwise intangible or hard-to-define losses to one of the parties.
(2) Award:
(a) These damages are paid out in the case of a breach of contract, and are pre-estimated and spelled out in advance when the contract is signed.
(b) Liquidated damages are meant as a fair representation of losses in situations where actual damages are difficult to ascertain and therefore do not count as 4 - Compensatory Damages nor 5 - Punitive Damages.
(3) Diminution of award:
(a) The courts will require that the parties involved make the most reasonable assessment possible for the damages clause at the time the contract is signed.
9 - Legal Fees
(1) Definition:
(a) Legal fees are most commonly used to describe the fees paid to the attorney for his/her time and effort.
(2) Award:
(a) Legal fees are awarded directly to the legal representative of the party that prevails in a given case, paid by the losing party in the case. Legal fees must be awarded unless excepted by this law, and do not necessitate inclusion in a prayer for relief or a countersuit to be awarded.
(i) Legal representatives may choose not to be awarded legal fees upon success in a case, but this must be communicated to the court in a case filing, response, or plea.
(b) Legal fees shall be awarded to pro se litigants where applicable, who shall be counted as their own legal representative for the purposes of this section.
(c) Legal fees shall be awarded to the legal representative of the prevailing party in a case at a rate of the greater of $6,000 Redmont dollars or 30% of the total value of the case. Cases that reach summary judgment or default judgment before any witnesses are examined shall have an award of the greater of $5,000 or 25% of the total value of the case.
(i) In civil cases, the value of a case shall be assessed as either the award actually granted if the plaintiff prevails, or the award requested by the plaintiff if the defendant prevails.
(d) Legal fees are capped at $4,000 per day a case is in court from its filing to the time the defense makes its closing remarks, or if the defense fails to make closing remarks, the time the Court enters recess for verdict.
(e) In the event that the plaintiff initiates legal proceedings and such proceedings are dismissed by the court, the prevailing party's legal representative[s] shall be entitled to recover legal fees from the plaintiff, equal to $4,000 or 20% of the case's value, whichever is higher.
(i) In cases that are dismissed sua sponte and/or before the defendant is summoned, legal fees shall not be awarded.
(f) Should the Commonwealth prosecute a citizen and subsequently fail to prevail in the legal proceedings, the prevailing citizen's legal counsel shall be entitled to recover legal fees from the Commonwealth, equal to $5,000 or 20% of the fines requested by the prosecution, whichever is higher.
(g) Any caps, limits, or other restrictions on legal fees need not apply in plea bargains and legal settlements, with the concurrence of both parties making the settlement. The judicial officer must not further diminish the agreed legal fee in the case of a settlement or plea bargain.
(h) The provisions outlined in subsections (e) and (f) shall apply to all legal proceedings initiated after the enactment of this bill, regardless of the date of the alleged incident or cause of action.
BILL
To
Define the different forms of damages.
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the 'Legal Damages Act.', ‘Damages Law’ or ‘The Law of Damages’
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by: Matthew100x
(4) This Act has been proposed by: bibsfi4a
(5) This Act has been co-sponsored by: RandomIntruder.
2 - Reasons
(1) Due to recent court decisions, it is clear that a definition is needed for provable damages in a lawsuit.
3 - Applicability
(1) These definitions and rules for damages apply to all civil legal matters. Section 9, Legal Fees, shall apply to all legal matters.
(2) Awards are to be given for each type of damage if they are both asked for and meet the definitional criteria.
4 - Compensatory Damages
(1) Definition:
(a) "Compensatory damages" are the damages awarded to a person as compensation; security or protection against a loss or other financial burden; or the restoration of something lost or stolen to its proper owner.
(2) Award:
(a) Compensatory damages will not be awarded without proof of pecuniary loss including compensation for harm to property, harm to earning capacity, and the creation of liabilities; unless they are special damage.
(b) Is limited to either the authorized statute’s limit or actual amount of damages, whichever is lower.
(3) Diminution of Award:
(a) Duty to Mitigate - A party’s obligation to make reasonable efforts to limit the harm they suffer from another party’s actions. In order to prove this damage, a party must prove that the other side did not exhaust measures to protect the other side’s interest. However, this defense does not bar or diminish a plaintiff’s claim if a defendant breached a contract that they had been conforming to; nor must a party exhaust all measures to prove that they did attempt to mitigate .
(b) Contributory Negligence - s conduct on the part of the plaintiff which falls below the standard to which he should conform for their own protection, and which is a legally contributing cause co-operating with the negligence of the defendant in bringing about the plaintiff's harm. In order to prove this defense, a defendant must prove that the percentage of a plaintiff’s overall conduct, no greater than 50%, caused the plaintiff’s harm. Whatever percentage of liability proven for contributory negligence by the defendant shall be deducted from the plaintiff’s compensatory damages award should the plaintiff ultimately prevail in their action.
5 - Punitive Damages
(1) Definition:
(a) “Punitive damages” are damages awarded against a person to punish them for their outrageous conduct and to deter them and others like them from similar conduct in the future, as a counter claim if a party believes the case to be frivolous and outrageous, or as authorized by law. These damages are distinct from 4 - Compensatory Damage as there does not need to be any actual loss to be compensated. A penalty clause in a contract would fall under this definition as well.
(2) Award:
(a) Punitive damages will not be awarded unless they are either authorized by statute or unless the conduct of the other party in causing the party’s harm is outrageous.
(b) In the event that punitive damages are being argued because an authorized statute grants it, the award shall be limited by the amount granted by law.
(3) Diminution of award:
(a) In assessing a punitive damage award, the judicial officer can properly consider the character of the defendant's act, the nature and extent of the harm to the plaintiff that the defendant caused or intended to cause and the wealth of the defendant.
(b) A defense against punitive damages can be made to assess whether or not conduct was “outrageous”.
6 - Nominal Damages
(1) Definition:
(a) “Nominal damages” are a trivial sum of money awarded to a party who has established a cause of action but has not established that they are entitled to any other damages listed in this act.
(2) Award:
(a) Is capped at $7,500.
(3) Diminution of award:
(a) There shall be no diminution of award or defenses to nominal damages.
7 - Consequential Damages
(1) Definition:
(a) “Consequential Damages” An award that a party can collect against an opposing party for damages that are otherwise incalculable. Below is a non-exhaustive list of Consequential Damages:
(I) Humiliation - Situations in which a person has been disgraced, belittled or made to look foolish. Humiliation damages may be proven by witness testimony and reasonable person tests, or any other mechanism the presiding judicial officer considers persuasive.
(II) The Worsening of any Existing Conditions - Situations in which a damage is caused by a party that caused harm to another party that were unforeseen or unrelated to the original harm.
(III) The Loss of Enjoyment in Redmont - Situations in which an injured party loses, or has diminished, their ability to engage in certain activities in the way that the injured party did before the harm. Loss of enjoyment in Redmont damages may be proven by witness testimony and reasonable person tests, or any other mechanism the presiding judicial officer considers persuasive.
(2) Award:
(a) Consequential damages can be argued in conjunction with 4 - Compensatory Damages to negate diminutives of an award for compensatory damage.
(b) No plaintiff shall be awarded more than $150,000 in total consequential damages in a single case.
(3) Diminution of award:
(a) In assessing a consequential damage award, the judicial officer must review the available evidence and deny awards that do not have sufficient proof according to the standard of a balance of probabilities.
8 - Liquidated Damages
(1) Definition:
(a) “Liquidated Damages” is an award whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach. It is an estimate of otherwise intangible or hard-to-define losses to one of the parties.
(2) Award:
(a) These damages are paid out in the case of a breach of contract, and are pre-estimated and spelled out in advance when the contract is signed.
(b) Liquidated damages are meant as a fair representation of losses in situations where actual damages are difficult to ascertain and therefore do not count as 4 - Compensatory Damages nor 5 - Punitive Damages.
(3) Diminution of award:
(a) The courts will require that the parties involved make the most reasonable assessment possible for the damages clause at the time the contract is signed.
9 - Legal Fees
(1) Definition:
(a) Legal fees are most commonly used to describe the fees paid to the attorney for his/her time and effort.
(2) Award:
(a) Legal fees are awarded directly to the legal representative of the party that prevails in a given case, paid by the losing party in the case. Legal fees must be awarded unless excepted by this law, and do not necessitate inclusion in a prayer for relief or a countersuit to be awarded.
(i) Legal representatives may choose not to be awarded legal fees upon success in a case, but this must be communicated to the court in a case filing, response, or plea.
(b) Legal fees shall be awarded to pro se litigants where applicable, who shall be counted as their own legal representative for the purposes of this section.
(c) Legal fees shall be awarded to the legal representative of the prevailing party in a case at a rate of the greater of $6,000 Redmont dollars or 30% of the total value of the case. Cases that reach summary judgment or default judgment before any witnesses are examined shall have an award of the greater of $5,000 or 25% of the total value of the case.
(i) In civil cases, the value of a case shall be assessed as either the award actually granted if the plaintiff prevails, or the award requested by the plaintiff if the defendant prevails.
(d) Legal fees are capped at $4,000 per day a case is in court from its filing to the time the defense makes its closing remarks, or if the defense fails to make closing remarks, the time the Court enters recess for verdict.
(e) In the event that the plaintiff initiates legal proceedings and such proceedings are dismissed by the court, the prevailing party's legal representative[s] shall be entitled to recover legal fees from the plaintiff, equal to $4,000 or 20% of the case's value, whichever is higher.
(i) In cases that are dismissed sua sponte and/or before the defendant is summoned, legal fees shall not be awarded.
(f) Should the Commonwealth prosecute a citizen and subsequently fail to prevail in the legal proceedings, the prevailing citizen's legal counsel shall be entitled to recover legal fees from the Commonwealth, equal to $5,000 or 20% of the fines requested by the prosecution, whichever is higher.
(g) Any caps, limits, or other restrictions on legal fees need not apply in plea bargains and legal settlements, with the concurrence of both parties making the settlement. The judicial officer must not further diminish the agreed legal fee in the case of a settlement or plea bargain.
(h) The provisions outlined in subsections (e) and (f) shall apply to all legal proceedings initiated after the enactment of this bill, regardless of the date of the alleged incident or cause of action.
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