The relief granted is a payment. Thus, Compensation is typically an award of a monetary nature. A popular example of Compensation is the remedy of Damages granted by a court in civil actions. Compensation in legal actions is typically granted for loss of earnings, economic loss, property damages and medical expenses.
The party who committed the wrong is usually ordered to provide financial relief to the aggrieved party. A person who has got damaged goods can ask for a compensation.
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This is a requirement in almost. Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate means of addressing the issues raised by the case at hand.
For further guidance, see Practice Note:. Voluntary manslaughterVoluntary manslaughterVoluntary manslaughter consists of those killings which would be murder because the accused has the relevant mental element for murder but which are reduced to manslaughter because of one of the three special defences loss of control, diminished.
Skip to main content. Sign in Contact us. Legal Guidance. Advertising, marketing and sponsorship. Data protection. Sign-in Help. Compensation Compensation is payable for damage the agent suffers by reason of termination of relations with the principal. Access this content for free with a trial of LexisPSL and benefit from: Instant clarification on points of law Smart search Workflow tools 36 practice areas. Contact Us. What is better — compensation or indemnity?
Kevin Manship. Commercial Agency Law What happens to an agency contract if the principal goes out of business? Commercial Agency Law Do you know who your agency contract is with? Fletcher Day's excellent practice provides good quality, realistic and sensible advice, with particular expertise in the casual dining and retail sectors. Privacy Overview This website uses cookies so that we can provide you with the best user experience possible.
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It was common ground between the parties that the compensation provision was invalid; however, the agent argued that the entire clause including the indemnity provision should be severed from the contract leaving it entitled to a non-contractual compensation payment which in this case was more than the indemnity. The principal argued that the compensation provision could be severed from the contract, without severing the entire clause, leaving the agent with an entitlement to an indemnity rather than compensation.
The High Court considered the issue of severance and held that the clause was unenforceable in its entirety. The Judge also concluded that the unenforceable compensation provision could be severed from the contract, leaving the agent with an entitlement to an indemnity without changing the character of the contract.
This prevented the agent from receiving a windfall in the form of compensation. This decision reinforces the view that clauses seeking to give an agent the right to an indemnity payment, but only if it proves to be less than a compensation payment, should be avoided in commercial agency agreements.
Over the next few months principals may consider terminating their agency contracts in the EU as a result of the prospect of Britain leaving the EU and concerns about the global economy. We regularly advise principals and agents on all aspects of commercial agency law in the UK, including the claims that can arise on termination.
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