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:
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Email Us:
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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