Damages pecuniary

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUNKETT RESEARCH, LTD. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ABILITY TO OBTAIN OR RETAIN EMPLOYMENT OR REMUNERATION, ABILITY TO PROFITABLY MAKE AN INVESTMENT, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION OF, USE OF, OR RELIANCE UPON THIS DATA, OR THE INABILITY TO USE THIS DATA (WHETHER IN ELECTRONIC OR PRINTED FORM) OR THE FAILURE OF PLUNKETT RESEARCH, LTD. TO PROVIDE SUPPORT SERVICES, EVEN IF PLUNKETT RESEARCH, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PLUNKETT RESEARCH, LTD. S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END-USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

LIMITATIONS—The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party—... 

Value of transport technology (Vyp)—carrier s pecuniary loss caused by the damaged transport technology. 

The liability-as-a-cure-for-imperfect-informationargument is even more dubious when applied to the benchmark competitive model. The competitive model is grounded in the fact that customers have different tastes for safety. In some cases the difference in tastes will be a reflection of variations in the level of pecuniary damages a customer would suffer in the event of an accident. For example, shippers of delicate goods would suffer more pecuniary harm in an accident and consequently have a greater taste for safety. However people who suffer similar harms will have different tastes when risk aversion varies across individuals. Very cautious individuals may suffer considerable anxiety in contemplating risk and be very risk averse, while other individuals may be less troubled by risk. 

Railroads complain that introduction of courts and juries can lead to liability awards that are too great. Generally the issue concerns awards made for non-pecuniary losses, such as pain and suffering, or when punitive damages are awarded in excess of compensatory damages. The latter type of award can only be made when a railroad was found by the court to have engaged in "willful or wanton conduct. Railroads can appeal awards that they feel are excessive to appellate courts. Excessive damage awards should motivate railroads to undertake too much preventive effort. 

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