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Author Topic: Would the libel case had a different result if pecuniary damages weren't sought?  (Read 21149 times)

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Offline G-Unit

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #195 on: July 06, 2018, 11:57:45 AM »
As far as I can work it out, 'pecuniary' simply means 'monetary'. It seems it's unusual to claim a specific amount for pain and suffering.
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Offline Brietta

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #196 on: July 06, 2018, 01:13:45 PM »
Quote from: G-Unit on July 06, 2018, 11:57:45 AM
As far as I can work it out, 'pecuniary' simply means 'monetary'. It seems it's unusual to claim a specific amount for pain and suffering.

Therefore it is agreed that it is not unusual for those seeking redress for defamation in a court of law seek monetary compensation.
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Offline Alice Purjorick

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #197 on: July 06, 2018, 06:21:37 PM »
One suspects the title should read ".........punitive damages........".
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Offline Robittybob1

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #198 on: July 06, 2018, 06:49:44 PM »
Quote from: Alice Purjorick on July 06, 2018, 06:21:37 PM
One suspects the title should read ".........punitive damages........".
The "death penalty" for instance.
« Last Edit: July 06, 2018, 07:03:17 PM by Robittybob1 »
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Offline Miss Taken Identity

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #199 on: July 06, 2018, 07:07:29 PM »
Quote from: G-Unit on July 06, 2018, 11:57:45 AM
As far as I can work it out, 'pecuniary' simply means 'monetary'. It seems it's unusual to claim a specific amount for pain and suffering.



Yes,it does and all nice round numbers too with lots of noughts. Good you can now put a price on suffering- saves a lot of haggling... They failed to provide medical evidence of the 'suffering'!

I was, and still am shocked and disgusted that they sought damages on behalf of their children. It was the parents who put their lives in the hands of 'others' by their lack of care for their welfare. The twins could sue the parents!!

As for Maddie, they claimed they didn't even know her mortal state , how could any judge make an award of money to a possibly dead child, who had no will, and the money would go to next of Kin being....    oh.... right...
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Offline Robittybob1

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #200 on: July 06, 2018, 07:12:25 PM »
Quote from: Miss Taken Identity on July 06, 2018, 07:07:29 PM


Yes,it does and all nice round numbers too with lots of noughts. Good you can now put a price on suffering- saves a lot of haggling... They failed to provide medical evidence of the 'suffering'!

I was, and still am shocked and disgusted that they sought damages on behalf of their children. It was the parents who put their lives in the hands of 'others' by their lack of care for their welfare. The twins could sue the parents!!

As for Maddie, they claimed they didn't even know her mortal state , how could any judge make an award of money to a possibly dead child, who had no will, and the money would go to next of Kin being....    oh.... right...
Alternatively it could go to me.
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Offline Alice Purjorick

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #201 on: July 06, 2018, 09:33:59 PM »
Quote from: Robittybob1 on July 06, 2018, 06:49:44 PM
The "death penalty" for instance.

A bit like that in intent but spelt differently.
Punitive damages are to discourage other people from doing the same thing that the writ detailed.
Pecuniary damages are actual losses to the plaintiff that can be quantified in monetary terms.
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Offline Robittybob1

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #202 on: July 07, 2018, 01:35:50 AM »
Quote from: Alice Purjorick on July 06, 2018, 09:33:59 PM
A bit like that in intent but spelt differently.
Punitive damages are to discourage other people from doing the same thing that the writ detailed.
Pecuniary damages are actual losses to the plaintiff that can be quantified in monetary terms.
So what are the punitive damages?   Imprisonment, community service, an what else?
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Offline G-Unit

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #203 on: July 07, 2018, 05:39:30 AM »
Quote from: Robittybob1 on July 07, 2018, 01:35:50 AM
So what are the punitive damages?   Imprisonment, community service, an what else?

Punitive damages are what the McCanns sought from Amaral. IMO The damages wouldn't just have punished him, they would have ruined him.
« Last Edit: July 07, 2018, 09:34:16 AM by Brietta »
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Offline Angelo222

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #204 on: July 07, 2018, 11:24:24 AM »
Quote from: G-Unit on July 07, 2018, 05:39:30 AM
Punitive damages are what the McCanns sought from Amaral. IMO The damages wouldn't just have punished him, they would have ruined him.

Brings a whole new meaning to... "He [Gonçalo Amaral] deserves to be miserable and feel fear" [ Kate McCann -  Madeleine ]
« Last Edit: July 07, 2018, 11:26:25 AM by Angelo222 »
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Offline Robittybob1

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #205 on: July 07, 2018, 01:41:50 PM »
Quote from: Angelo222 on July 07, 2018, 11:24:24 AM
Brings a whole new meaning to... "He [Gonçalo Amaral] deserves to be miserable and feel fear" [ Kate McCann -  Madeleine ]
That is tough talk.
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Offline Alice Purjorick

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #206 on: July 07, 2018, 02:47:52 PM »
Quote from: Robittybob1 on July 07, 2018, 01:35:50 AM
So what are the punitive damages?   Imprisonment, community service, an what else?

Both are monetary.
One is calculable, reflecting the actual financial loss to the plaintiff.
The other is to punish the defendant and to act as a deterrent by depriving him of assets.
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Offline G-Unit

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #207 on: July 07, 2018, 05:28:54 PM »
Quote from: Angelo222 on July 07, 2018, 11:24:24 AM
Brings a whole new meaning to... "He [Gonçalo Amaral] deserves to be miserable and feel fear" [ Kate McCann -  Madeleine ]

I think she may have succeeded in inflicting misery, but not fear.
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Offline Erngath

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #208 on: July 07, 2018, 05:47:59 PM »
Quote from: G-Unit on July 07, 2018, 05:28:54 PM
I think she may have succeeded in inflicting misery, but not fear.


Whereas, he inflicted both misery and fear on the parents of a missing child. IMO.
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Offline G-Unit

Re: Would the libel case had a different result if pecuniary damages weren't sought?
« Reply #209 on: July 07, 2018, 06:52:02 PM »
Quote from: Erngath on July 07, 2018, 05:47:59 PM

Whereas, he inflicted both misery and fear on the parents of a missing child. IMO.

He never said that was his intention, however.



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