Financial Crime and Damages: Legal Framework, Remedies, and Issues

This report provides a comprehensive analysis of damages within the context of financial crime, covering the applicable legal frameworks and relevant legal principles. It examines notable case laws, such as Warren v Northern Sydney Local Health District and Berryman v Joslyn, to illustrate the application of these principles. The report delves into various types of damages, including nominal, compensatory, aggravated, and exemplary damages, and discusses the remedies available. A significant portion of the report addresses the main techniques and issues arising in the quantification of damages, focusing on the challenges in assessing the severity of the crime and the difficulties in preparing reports and testifying in court. Furthermore, the report addresses critical thinking questions related to the adequacy and fairness of the legal approach to financial crime damages, and the sufficiency of current calculation methods, offering alternative means of calculation.

Running head: FINANCIAL CRIME
FINANCIAL CRIME
Name of the Student
Name of the University
Author Note

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Introduction
The damages are considered to be monetary relief which are provided to the people or the
individuals who have suffered some kind of injuries and these are directed by the courts to the
individuals who have caused such an injury to others and the damages are considered as
compensation which are being provided to the individuals who have suffered injuries or harm
due to such behavior by the individuals. The compensation are considered to be a broader term
where it comprises of money which are awarded to the individuals through statutory orders but
on the other hand the damages are considered to be given or directed by the courts for cases
which are relating to the principles in torts or in cases which are relating to the breach of contract
(Quill and Friel 2016).
This paper discusses the various aspects of the damages in relation to the personal injury
claims. It discusses the legal framework in relation to case laws, which might be applicable
based on the legal framework. The issues that arise due to the amount or quantity of damages and
if there are any other remedies available due to such injuries caused to the individuals. In
conclusion, it summarizes the various points that have been discussed in this paper.
Discussion
Personal Injuries are considered to be those harm or injuries which have been sustained
by individuals caused due to someone else’s negligent behaviour or through any kind of breach
in the terms and conditions which have been laid down in the contract. The damages that are
provided for such injuries are considered to be directed by the courts and the individuals who are
liable to pay such damages and such are considered to provide relief or compensation, which
have been caused due to negligent behaviour (Sekendiz, Ammon and Connaughton 2016).

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The basics of a litigation relating to damages are considered to be harm which has been
caused to the plaintiff by the defendant. Due to such harm that have been caused there is some
kind of loss that has been suffered by the plaintiff. The amount of monetary compensation that
are also known as damages are directed by the courts so that the loss or injuries that have been
suffered by the plaintiff can be compensated. The damages that have been suffered by the
plaintiff can be through tort through which there has been lost profit situations, which are related
to thefts or any conversion of funds or any other matters. The damages can also be suffered
through other kind of contract breaches that involves the real-estate contract the insurance
contract or the employment contract and other kinds of contract. The other method or the process
through which the damages are used as compensation under the litigation process are through
restitution and reliance. In restitution the act, that has caused harm to the plaintiff unfairly or
unreasonably and it enriches the person who is responsible for causing harm at the expense of the
person to whom the harm was caused. In case of reliance the harmful act which has been caused
to the plaintiff by the defendant is considered to be a fraudulent activity and the damages are
considered to be compensation which are provided to the plaintiff to that extent where it would
be considered as no promise being made (Manning 2017).
The legal frameworks which are relating to damages consist of the injured party who try
to prove the injury caused on the basis of two points mainly that the party that has caused injury
to the party or the plaintiff is liable for the injury and the plaintiff had suffered such an injury
because of the defendant who was responsible for causing such injury or for not being able to
prevent such an injury from happening to the plaintiff. There are usually three points or issues
that are required to be proved by the legal team. The first would be that there needs to be a
proximate cause or direct cause that would be that the damage or the injury that has been caused

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is a direct result of the actions of the offending party or the absence of any kind of actions of the
offending party. The other point or the issue that needs to be proved would be the reasonable
certainty that would mean that there would be reasonably certain that if there was no injury
caused then the amount that was claimed would have been payable. The third issue that needs to
be proved would be foreseeability, which would mean that any reasonable person would be able
to foresee that the actions that have been committed by the offending party would be considered
to cause damage.
In the case of Warren v Northern Sydney Local Health District [2019] NSWSC 1350 the plaintiff
had claimed for a settlement as the plaintiff had suffered an injury which was relating to his
health due to the negligent behaviour of the hospital authority which aggravated such injury. The
Hospital had a responsibility towards its patient that they failed to conform too and therefore,
they were liable for such injury, which was caused to the plaintiff due to the negligent behaviour
of the staff who worked in the hospital. There were various arguments which were held by the
plaintiff in order to prove that the defendant was liable for such negligible behaviour and thus,
the plaintiff tried to prove that an injury or harm was caused for which compensation needed to
be provided. Due to the health condition which had deteriorated there was a permanent damage
or injury caused to the plaintiff and therefore, damages needed to be given to the plaintiff which
was in terms of money to provide monetary relief to the plaintiff. As it can be understood that
damages are considered to be monetary relief which are provided to the people or the individuals
who have suffered some kind of injuries and these are directed by the courts to the individuals
who have caused such an injury to others and the damages are considered as compensation
which are being provided to the individuals who have suffered injuries or harm due to such
behavior by the individuals. In this above mentioned case the order was given which was in

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favor of the plaintiff and it was decided and established that a harm or an injury was caused to
the plaintiff by the hospital authorities which deteriorated the health condition and led to a
permanent damage to the plaintiff. In order to provide some kind of relief to the plaintiff
compensation in the form of monetary relief needed to be provided which would provide
assistance to the plaintiff and therefore, the decision or the order in this particular case was in the
favor of the plaintiff. The compensation are considered to be a broader term where it comprises
of money which are awarded to the individuals through statutory orders but on the other hand the
damages are considered to be given or directed by the courts for cases which are relating to the
principles in torts or in cases which are relating to the breach of contract. It can also be observed
in the case of Berryman v Joslyn [2004] NSWCA 121 which was a case relating to the personal
injury claim.
Damages are considered to be the monetary relief which are provided to the people who
have suffered some kind of harm or injury. It is considered to act as a remedy. The general
damages are considered to be given as a remedy for any kind of emotional distress which would
be considered to be a kind of compensation given to them for the invasion of their privacy. In the
law of torts the damages are considered to be a significant factor where the compensation to a
plaintiff is provided by the defendant who has committed the wrong which would help and
provide assistance to the plaintiff and compensate for the injury or harm caused for such. There
are mainly four different kinds of damages the first is considered to be nominal damages, the
second would be the compensatory damages, the third is considered to be aggravated damages
and lastly, the fourth is considered to be the exemplary or the punitive damages which can be
provided to the plaintiff. The nominal damages are considered to be those damages where the
seriousness of the infringement is considered to be an element under the principle of torts. In this

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form the damages are considered to be a small sum which would be directed for the plaintiffs
since they were unable to prove the injury or harm caused to them in the court. The
compensatory damages are considered to be aim of paying for damages under the civil law.
Under this category there are two kinds of damages which are the special damages where the
injury has been caused before the starting of the trial and which are based on arithmetic
calculation for instance any hospital expense and on the other hand the general damages are
which cannot be calculated accurately for the injuries caused. The Exemplary damages are
considered to be awarded by the courts where the defendant’s actions are considered to be
serious and outrageous the exemplary damages are awarded which would prevent such conduct
in the future. It is with the purpose of punishing or indicting the defendant due to the outrageous
behavior.
Damages are considered to act as a monetary relief which have been provided to the
plaintiff for the injuries caused by the defendant. The main issue that arises due to the
quantification of damages would be on the basis of the quantity or the seriousness of the crime.
The compensation for any kind of damages are provided as a relief for any suffering which has
been caused by the defendant to the plaintiff. Therefore, in order to provide assistance to the
plaintiff the grievousness of the offence needs to be taken into consideration before calculating
the amount or sum which would be decided for a particular case as damages or compensation
and relief. Therefore, the quantification depends on the grievousness of the offence committed.
In terms of damages which are provided to the plaintiffs which are a sort of compensation
or relief for the individuals who have suffered some kind of loss or injury the burden in order to
prove that there has been harm or any kind of injury caused by the defendant lies on the plaintiff.
The plaintiffs are considered to suffer a loss or harm or injury and the burden to prove that such

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harm or injury has been caused they have to provide evidences against the defendant. Therefore,
that is considered to be an issue. The amount according to the extent of the crime are also to be
calculated which creates a difficulty since an injury or harm suffered by a plaintiff cannot be
measured with the amount of money which can be payable. The reports that are to be prepared
are also considered to pose certain difficulties where the exactness or the accuracy of the
compensation cannot guarantee the well-being of the plaintiff and such would also cause a
problem for testifying in the court. Therefore, such are considered to be issues in providing with
damages in the courts.
According to the authors Curry and et al., (2015). of this article damages are considered
to be monetary relief which are provided to the people or the individuals who have suffered some
kind of injuries and these are directed by the courts to the individuals who have caused such an
injury to others and the damages are considered as compensation which are being provided to the
individuals who have suffered injuries or harm due to such behavior by the individuals. They act
as compensation where the defendant tries to compensate for the loss or harm suffered by the
plaintiff due to the actions of the defendant. Therefore, the court is given the authority to act as a
judge and decide whether compensation or damages claimed by the plaintiff are genuine and
valid. However, it has also been stated that the calculations for awarding of damages needs to be
precise and accurate as it measures the injury or harm in relation to the amount. The personal
injury claim is considered to be be those harm or injuries which have been sustained by
individuals caused due to someone else’s negligent behaviour or through any kind of breach in
the terms and conditions which have been laid down in the contract. The balance has to be
maintained by the court where the decision would be given if there has been any kind of injury
caused which would need to be compensated. Therefore, it tries to maintain a balance between

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the parties and try to resolve the disputes through such compensation where the balance is
maintained. The rights of the parties are given importance and it tries to properly provide a
balance since it measures the amount on the basis of the grievousness of the crime committed.
If the plaintiffs are able to prove that the injury or harm has been caused according to the
authors Goergen and et al., (2015) of the article then the court may decide on the award to grant
compensation or damages for the injuries caused. Like as it can be seen in the case of Warren v
Northern Sydney Local Health District. If the plaintiff has been able to prove the court gives the
compensation award which is to be payable by the defendant. The fairness of such is considered
because due to the actions by the defendant the plaintiffs had suffered loss and injury therefore,
the compensation amount is considered to be taken into consideration. However, in some cases if
the plaintiff fails to prove harm or injury caused to him due to the defendant the damages are
considered to be nominal.
Personal Injuries are considered to be those harm or injuries which have been sustained
by individuals caused due to someone else’s negligent behaviour or through any kind of breach
in the terms and conditions which have been laid down in the contract. The damages that are
provided for such injuries are considered to be directed by the courts and the individuals who are
liable to pay such damages and such are considered to provide relief or compensation, which
have been caused due to negligent behaviour. The damages are to be calculated and assessed on
the basis of the grievousness of the crimes which have been committed by the offending party
according to the authors Quinlan et al., (2015) of the article. The financial outcome might not
always be fair since it is difficult to provide for monetary compensation that are measured in
relation to the injury or loss suffered by an individual as bothy are two different and distant
things. Therefore, the financial outcomes are not always suitable since the difficulty level of such

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is high. However, it has been stated that the amount according to the extent of the crime are also
to be calculated which creates a difficulty since an injury or harm suffered by a plaintiff cannot
be measured with the amount of money which can be payable. The reports that are to be prepared
are also considered to pose certain difficulties where the exactness or the accuracy of the
compensation cannot guarantee the well-being of the plaintiff and such would also cause a
problem for testifying in the court. Therefore, such are considered to be issues in providing with
damages in the courts. If the plaintiffs do not prove to the court for any injury or harm nominal
damages are provided.
Conclusion
Therefore, from the above discussion it can be derived that damages are monetary relief
which are provided to the people or the individuals who have suffered some kind of injuries and
these are directed by the courts to the individuals who have caused such an injury to others and
the damages are considered as compensation which are being provided to the individuals who
have suffered injuries or harm due to such behavior by the individuals. The personal injury claim
is considered to be be those harm or injuries which have been sustained by individuals caused
due to someone else’s negligent behaviour or through any kind of breach in the terms and
conditions which have been laid down in the contract. The balance has to be maintained by the
court where the decision would be given if there has been any kind of injury caused which would
need to be compensated.

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References
Berryman v Joslyn [2004] NSWCA 121.
Curry, B., Hitchens, P., Otahal, P., Si, L. and Palmer, A., 2015. Workplace injuries in
thoroughbred racing: An analysis of insurance payments and injuries amongst jockeys in
Australia from 2002 to 2010. Animals, 5(3), pp.897-909.
Goergen, S., Schultz, T., Deakin, A. and Runciman, W., 2015. Investigating errors in medical
imaging: lessons for practice from medicolegal closed claims. Journal of the American College
of Radiology, 12(9), pp.988-997.
Manning, J.M., 2017. Does the law on compensation for research-related injury in the UK,
Australia, and New Zealand meet ethical requirements?. Medical law review, 25(3), pp.397-427.
Quill, E. and Friel, R.J. eds., 2016. Damages and Compensation Culture: Comparative
Perspectives. Bloomsbury Publishing.
Quinlan, M., Fitzpatrick, S.J., Matthews, L.R., Ngo, M. and Bohle, P., 2015. Administering the
cost of death: Organisational perspectives on workers' compensation and common law claims
following traumatic death at work in Australia. International journal of law and psychiatry, 38,
pp.8-17.
Sekendiz, B., Ammon, R. and Connaughton, D.P., 2016. An examination of waiver usage and
injury-related liability claims in health/fitness facilities in Australia. J. Legal Aspects Sport, 26,
p.144.
Warren v Northern Sydney Local Health District [2019] NSWSC 1350.
https://www.caselaw.nsw.gov.au/decision/5d96dba8e4b0ab0bf607299e.

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Appendix
Personal Injury Claim Damages Additional Costs
Negligence by the Hospital
Staff
The sum xxxxxx 200,000dollars
Solicitors/ Clients Costs 20,000 dollars