All
| TITLE | Supreme Court Decision 2009Da103950 Decided January 13, 2011 [Damages] [full Text] |
|---|---|
| Summary | |
| [1] When an assertion of extinctive prescription constituted an abuse of right and thus impermissible as violating the principle of good faith [2] A decision affirming the court below's decision that: i) found the State liable for compensation to a person found guilty of aiding and abetting espionage based on evidence collected while illegally confined and tortured; and ii) struck down the State's claim of extinctive prescription as it constituted an abuse of rights that violated the principle of good faith [3] When a significant change in currency value occurred due to a large gap existing between the time the tort was committed and the end of the parties' oral pleadings in litigation, the loss by delay of tort damages is measured starting from the date the parties' arguments end at the court of first instance [4] In exceptional cases where loss by delay for tort compensation damages arises from the date of the end of the parties' arguments at the court of first instance, whether the amount of principal tort damages assessed from the time of end of the parties' arguments may be increased (affirmative) [5] A decision reversing and remanding the court below's holding that loss by delay must be assessed from the time the tort was committed when a large gap in time exists between the tortious act and the end of parties' arguments, and further reversing and remanding the principal amount of damages | |
