BUS-294 Lecture Notes - Lecture 15: Punitive Damages, Liquidated Damages
Document Summary
Contractual damages: in addition to your recourse under ccq 1590, you can also claim damages under ccq 1458. Ccq 1458: whenever there is a breach of contract (ccq 1590) you can sue for compensatory damages. Compensation: provides compensation for actual bodily, moral and material losses fault (breach of contract) Ccq 1607: damages claimed must be immediate consequence of the debtor"s. Punitive damages (if specific law allows) ccq 1621: are only available in quebec law where a specific statue (law) expressly authorizes punitive damages. Punitive damages are not a general recourse available to all creditors in all situations of abuse or bad faith. Ex of laws that expressly provide punitive damages: Quebec charter, consumer protection act, psychological harassment under the lsa. Punitive damages are also known as exemplary damages. Prevent others from doing the same (exemplary function) Punitive damages unlike compensatory damages are not calculated based on the.