vindictive damageの例文
- This contention goes the length of affirming that in cases of wrongful dismissal it is beyond the competence of a jury to give what are called exemplary or vindictive damages, and it was this point that I desired to consider further.
- If one should select the former mode of redress, he may, no doubt, recover exemplary damages, or what is sometimes styled vindictive damages; but if he should choose to seek redress in the form of an action for breach of contract, he lets in all the consequences of that form of action : " Thorpe v Thorpe ".
- The effect, too, of the injunction in restraining J . Wagner from singing elsewhere may, in the event of an action being brought against her by the Plaintiff, prevent any such amount of vindictive damages being given against her as a jury might probably be inclined to give if she had carried her talents and exercised them at the rival theatre : the injunction may also, as I have said, tend to the fulfilment of her engagement; though, in continuing the injunction, I disclaim doing indirectly what I cannot do directly . }}
- It is, however, quite clear, I think, and Mr . Sedgwick apparently does not dispute it, that at one time it was competent for juries to give such damages . In one case as late as the reign of James the First, he says at s . 19, it is said the jury are chancellors and they can give such damages as the case requires in equity as if they had the absolute control of the subject . At ss . 348, 349, he goes on, Until comparatively recent times juries were as arbitrary judges of the amount of the damages as of the facts . This principle applied as well to actions of contract as of tort . Even as late as the time of Lord Mansfield it was possible for counsel to state the law to be that the Court cannot measure the ground on which the jury find damages . He says, in s . 351, in breach of promise of marriage cases the jury were told that they could give damages for example's sake to prevent such offences in future . He says, in s . 352, vindictive damages or smart money could be given whether the form of action were trespass or case.
