Wednesday, March 26, 2014

Civil Case Attorneys Virginia Fairfax 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.

B.K Corp. v. Bailey

Facts:
In a civil case, the 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.

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.
  • The general rule is that exemplary or punitive damages are not allowed for breach of contract even though the action is ex delicto and not ex contractu. This rule does not obtain, however in those exceptional cases where the breach amounts to an independent, willful tort since the plaintiff has a right to elect whether he will proceed in tort or upon the contract. A plaintiff seeking punitive damages should allege a wilful, independent tort in a count separate from that which alleges a breach of contract. 
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:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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