Friday, March 21, 2014
Civil Case Attorneys Virginia Fairfax Damages Contract Breach
If
you are dealing with a civil case such as breach of contract, specific
performance etc. in Virginia or about to go through a civil case in Virginia,
contact us for help.
We
have client meeting locations in Fairfax Prince William Richmond Loudoun
Virginia Beach Fredericksburg Lynchburg.
Contact
our law firm today to speak with a lawyer today about your civil case. An attorney from our firm will do his best to
help you.
Our law firm has the necessary experience to assist you with this
matter. We will do our absolute best to
help you get the best result possible based on the facts of your case.
Oliver v. Oliver
Facts:
Defendant employer sought review of a judgment
from the Circuit Court of Fairfax (Virginia), which awarded punitive damages to
plaintiff employee in a breach of contract case. The employee alleged that the
employer breached an employment contract when it terminated the employee. The
jury returned a verdict in favor of the employee, awarding punitive damages for
the breach of contract. On appeal, the court reversed the judgment of the trial
court. The court held that the trial court erred in submitting the issue of
punitive damages to the jury because punitive damages were not recoverable for
breaches of contracts absent an independent, willful tort. Punitive damages
were not recoverable even if the employer had a malicious motive when it
terminated the employee. Punitive damages were also not recoverable because
there were no allegations of an independent tort.
If you are facing a civil case in Virginia,
contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.
Holdings:
The Virginia Court made the following holding:
- Damages are awarded in tort actions to compensate for all losses suffered by reason of the defendant's breach of some duty imposed by law. To further protect those interests, punitive damages may be awarded in a proper case, not as the plaintiff's due, but to punish the wrongdoer and to deter similar conduct. Damages for breach of contract, however, are subject to the overriding principle of compensation. They are within the contemplation and control of the parties in framing the agreement. They are limited to those losses which are reasonably foreseeable when the contract is made. Most courts faced with the question whether a simple breach of contract, in the absence of an independent tort, justifies an award of punitive damages, have answered in the negative. Some jurisdictions permit punitive damages where the intent of the breaching party is "malicious," consisting of an evil or rancorous motive influenced by hate; the purpose being to deliberately and wilfully injure the plaintiff, but most jurisdictions have required that the plaintiff allege and prove facts amounting to an independent tort, before permitting the recovery of punitive damages. Virginia adheres to the rule requiring proof of an independent, wilful tort, beyond the mere breach of a duty imposed by contract, as a predicate for an award of punitive damages, regardless of the motives underlying the breach.
If you are dealing with a civil case in Virginia or about to go
through a civil case in Virginia, contact us for help.
We have client meeting locations in Fairfax Prince William
Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.
Contact our law firm today to speak with a lawyer today about your
civil case. An attorney from our firm
will do his best to help you.
We will do our absolute best to help you get the best result
possible based on the facts of your case.
Our law firm has the necessary experience to assist you with this
matter.
Disclaimer:
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Our Phone #
|
Virginia | |
| Fairfax | 703-278-0405 |
| Prince William | 703-278-0405 |
| Loudoun | 703-278-0405 |
| Fredericksburg | 703-278-0405 |
| Richmond | 804-201-9009 |
| Virginia beach | 757-512-5002 |
| Lynchburg | 434-509-4004 |
|
Maryland | |
| Rockville | 240-399-0304 |
| Baltimore | 240-399-0304 |
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