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Otis had taken out a Driver-plus policy which included full damages for personal injury.
A liability for full damages is imposed by Ex.
Under joint and several liability, Ann may recover the full damages from either of the defendants.
Medical negligence is rare, but when it occurs, consumers should be able to get full damages."
Furthermore, the court, following earlier English authority, held that full damages and complete restitution will not be given for the same breach of contract.
The defendant had the option in that instance of surrendering the dependant rather than paying the full damages.
"Full damages and something over.
"Judgment and full damages.
The provision further stated that Mid Atlantic's share of the recovery would not be reduced because the beneficiary did not receive the full damages claimed.
However, this claim of a monopoly was overturned by the Bering Sea Arbitration, signed in Paris, and Moss received full damages for the seizures.
That recovery would have been unlikely if lawyers had not been able to seek full damages from the company's bankers, auditors and investment bankers, Mr. Plutzik said.
Subrogation can thus in rare instances deprive the consumer of the benefit of the Make Whole Doctrine, the right of an injured party to recover full damages.
An early settlement could only work to the advantage of the insurance company, which would make a quick, cheap payoff before all the injuries became apparent so as to avoid paying the full damages.
The fact that the plaintiff may have a cast-iron claim against his own solicitor for the full damages which he could have recovered against the defendant, is only one and not an overriding factor.
It was because of this that it became so important for a buyer to establish that the seller's representation amounted to a contractual term so that full damages would then be available.
While she does not expect that her clients will ever collect the full damages, she said she hoped to track down "every penny" of the defendants' assets in an attempt to secure property and garnish wages.
It may be remarked that Abba Arika, the eminent Babylonian authority, understands the "ox" among the "fathers" to embrace both the foot and tooth, and regards the word here rendered "chewer" as standing for man; for when a man himself commits an injury he is always mulcted in full damages (B. Ḳ.