Brief a case Essay Example | Topics and Well Written Essays - 750 words - 1

Brief a case - Essay ExampleOnce the wee-wee under the second contract was completed the defendant called the plaintiffs computer operator once monthly to enquire as to how the computer formation was working and asked for the involve number had been arrived at. The software program modified by the defendant contained insurance claims by the plaintiffs clients and each claim was determine by a specific number. As it turned out the computer system crashed when it reached claim number 56789. The crash had been orchestrated by the defendant who had been losing clients. The defendant had deliberately and secretly entered a conditional statement in the plaintiffs software program which directed the program to stop working when it reached claim number 56789. Satisfied that the plaintiff had already paid the defendant more than enough money for his services, the plaintiff hired another salutary to fix the problem. It was this expert who discovered the conditional statement entered by t he defendant. In any event, the second expert fixed the plaintiffs computer and was paid US$7,000 for his troubles.The plaintiff subsequently sued the defendant for breach of contract with respect to the second contract. The plaintiff sought compensatory and vindicatory damages against the defendant. Specifically, the plaintiff sought US$18,000 in punitive damages and US$7,000 in damages, the amount paid to the second expert to remedy the problem deliberately created by the defendant.RULE As a command rule in the law of contract, punitive damages are not plundered. However, under breach of contract claims, punitive damages may be awarded where the award is necessary for deterring morally culpable conduct (Halpin v Prudential Ins. Co. 48 N.Y. 2d 906). Although the plaintiff specifically requested punitive damages, punitive damages ordure be awarded even when it is not