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72-441: People who back Kickstarter projects are offered tangible rewards or experiences in exchange for their pledges. This model traces its roots to subscription model of arts patronage, in which artists would go directly to their audiences to fund their work. Kickstarter launched on April 28, 2009, by Perry Chen , Yancey Strickler , and Charles Adler. The New York Times called Kickstarter "the people's NEA ". Time named it one of

144-418: A breach of the contract by one of the parties. Under common law, a liquidated damages clause will not be enforced if the purpose of the term is solely to punish a breach (in this case it is termed penal damages ). The clause will be enforceable if it involves a genuine attempt to quantify a loss in advance and is a good faith estimate of economic loss. Courts have ruled as excessive and invalidated damages which

216-399: A business. Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of damages. In cases where it is possible to frame

288-456: A claim in either contract or tort, it is necessary to be aware of what gives the best outcome. If the transaction was a "good bargain", contract generally gives a better result for the claimant. As an example, Neal agrees to sell Mary an antique Rolex watch for £100. In fact the watch is a fake and worth only £50. If it had been a genuine antique Rolex, it would have been worth £500. Neal is in breach of contract and could be sued. In contract, Mary

360-547: A company." Additionally, the CEO confirmed that Kickstarter stood by its decision to fire the two employees and would be pursuing legal action to fight their claims. The statement immediately resulted in criticism and calls for boycotts from creators who had previously used the platform, while writer Neil Gaiman tweeted that he would be unlikely to post support for or links to new Kickstarter campaigns "as long as they are anti-union." Kickstarter employees continued to file complaints to

432-463: A data breach of almost 5.2 million users' data, including email addresses, usernames and salted SHA-1 hashes of passwords. On March 19, 2019, Kickstarter's staff announced plans to unionize as part of the Office and Professional Employees International Union (OPEIU), which would make Kickstarter the only major tech company to have a union. Shortly after the announcement, three senior staffers released

504-481: A form of damages, called, aggravated damages, that are similar to punitive or exemplary damages. Aggravated damages are not often awarded; they apply where the injury has been aggravated by the wrongdoer's behaviour, for example, their cruelty. In certain areas of the law another head of damages has long been available, whereby the defendant is made to give up the profits made through the civil wrong in restitution . Doyle and Wright define restitutionary damages as being

576-461: A memo dissenting against the decision, claiming that it is too extreme and that it would be a "misappropriation of unions for use by privileged workers." According to Kickstarter employees, they wanted to found a union both for enabling collective bargaining for wages and for "giving employees more clout," allowing them to work for goals that they saw in their interest and the public's interest. In May, Aziz Hasan, then CEO of Kickstarter, announced that

648-495: A monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss. The plaintiff thereby gains damages which are not measured by reference to any loss sustained. In some areas of the law this heading of damages is uncontroversial; most particularly intellectual property rights and breach of fiduciary relationship. In England and Wales the House of Lords case of Attorney-General v. Blake opened up

720-402: A number of milestones. A dock made for the iPhone designed by Casey Hopkins became the first Kickstarter project to exceed one million dollars in pledges. A few hours later, a new adventure game project started by computer game developers, Double Fine Productions , reached the same figure, having been launched less than 24 hours earlier, and finished with over $ 3 million pledged. This was also

792-457: A plaintiff would recover is usually measured on a "loss of bargain" basis, also known as expectation loss, or "economic loss". This concept reflects the difference between "the value of what has been received and its value as represented". Damages are usually assessed at the date of the wrongful act, but in England and Wales , Pelling J has observed that this is not the case if justice requires

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864-455: A product. To underscore the notion that Kickstarter is a place in which creators and audiences make things together, creators across all categories are asked to describe the risks and challenges a project faces in producing it. This educates the public about the project goals and encourages contributions to the community. Several creative works have gone on to receive critical acclaim and accolades after being funded on Kickstarter. Others, such as

936-689: A project's success or failure on Kickstarter. Some key findings from the analysis were that increasing goal size is negatively associated successfully, projects that are featured on the Kickstarter homepage have an 89% chance of being successful, compared to 30% without, and that for an average $ 10,000 project, a 30-day project has a 35% chance of success, while a 60-day project has a 29% chance of success, all other things being constant. The ten largest Kickstarter projects by funds raised are listed below. Among successful projects, most raise between $ 1,000 and $ 9,999. These dollar amounts drop to less than half in

1008-446: A project. They also warn project leaders that they could be liable for legal damages from backers for failure to deliver on promises. Projects might also fail even after a successful fundraising campaign when creators underestimate the total costs required or technical difficulties to be overcome. When asked what made Kickstarter different from other crowdfunding platforms, co-founder Perry Chen said: "I wonder if people really know what

1080-702: A public company in 2019 via an initial public offering raising $ 1.1 billion. Cards Against Humanity originated with a $ 4,000 Kickstarter campaign in 2010. Both Kickstarter and project creators have cancelled projects that appeared to have been fraudulent. Questions were raised about the projects in internet communities related to the fields of the projects. The concerns raised were: apparent copying of graphics from other sources; unrealistic performance or price claims; and failure of project sponsors to deliver on prior Kickstarter projects. Some notable cancelled projects include: Many individual Kickstarter projects caused controversy: In February 2014, Kickstarter announced

1152-493: A success rate of 37.45% (success rate being how many were successfully funded by reaching their set goal). The total amount pledged was $ 4,690,286,673. The business grew quickly in its early years. In 2010 Kickstarter had 3,910 successful projects and $ 27,638,318 pledged. The corresponding figures for 2011 were 11,836 successfully funded projects and $ 99,344,381 pledged; and there were 18,109 successfully funded projects, $ 610,352 pledged in 2012. On February 9, 2012, Kickstarter hit

1224-613: A victory for the NFL. Historically, one of the best known nominal damage awards was the farthing that the jury awarded to James Whistler in his libel suit against John Ruskin . In the English jurisdiction, nominal damages are generally fixed at £5. Many times a party that has been wronged but is not able to prove significant damages will sue for nominal damages. This is particularly common in cases involving alleged violations of constitutional rights, such as freedom of speech. Until 2021, in

1296-525: A year (so that those laid off can return to job openings), and a release from noncompete agreements for those who accept severance pay. In December 2021, Kickstarter announced they would be moving their platform to blockchain , with the aim of making the tools required for creating a crowdfunding site available to anyone. The pivot came on the back of a $ 100 million investment from the crypto fund of Andreessen Horowitz . The decision backfired, alienated many users, damaging Kickstarter's reputation. Kickstarter

1368-678: Is a 2016 Director's Fellow at the MIT Media Lab. In 2017, he was appointed to the Knight Commission on Trust, Media and American Democracy — a nonpartisan commission of leaders across media, technology, and public policy tasked with guiding the public discourse on rebuilding trust in America's democratic institutions. In 2013, he was honored on the annual list of Time's 100 most influential people. In 2014, Chen stepped down as chief executive officer of Kickstarter and left

1440-405: Is entitled to an item worth £500, but she has only one worth £50. Her damages are £450. Neal also induced Mary to enter into the contract through a misrepresentation (a tort). If Mary sues in tort, she is entitled to damages that put her back to the same financial position place she would have been in had the misrepresentation not been made. She would clearly not have entered into the contract knowing

1512-427: Is established when the claimant proves, on the balance of probabilities, that a defendant's wrongful act caused a tangible, harm, loss or injury to the plaintiff. Once that threshold is met, the plaintiff is entitled to some amount of recovery for that loss or injury. No recovery is not an option. The court must then assess the amount of compensation attributable to the harmful acts of the defendant. The amount of damages

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1584-728: Is not easily quantifiable, and depends on the individual circumstances of the claimant. Judges in the United Kingdom base the award on damages awarded in similar previous cases. In 2012 the Court of Appeal of England and Wales noted that this court has not merely the power, but a positive duty, to monitor, and where appropriate to alter, the guideline rates for general damages in personal injury actions. General damages in England and Wales were increased by 10% for all cases where judgements were given after 1 April 2013, following changes to

1656-416: Is one of a number of crowdfunding platforms for gathering money from the public, which circumvents traditional avenues of investment. Project creators choose a deadline and a minimum funding goal. If the goal is not met by the deadline, no funds are collected (a kind of assurance contract ). The Kickstarter platform is open to backers from anywhere in the world and to creators from many countries, including

1728-473: Is usually seen as based on denying a wrongdoer any profit from his wrongdoing. The really difficult question, and one which is currently unanswered, relates to what wrongs should allow this remedy. In addition to damages, the successful party is often entitled to be awarded their reasonable legal costs that they spent during the case. This is the rule in most countries other than the United States. In

1800-716: The Ouya console, have resulted in commercial failure. The documentary short "Sun Come Up" and documentary short "Incident in New Baghdad" were each nominated for an Academy Award ; contemporary art projects "EyeWriter" and "Hip-Hop Word Count" were both chosen to exhibit in the Museum of Modern Art in 2011; filmmaker Matt Porterfield was selected to screen his film Putty Hill at the Whitney Biennial In 2012; author Rob Walker's Hypothetical Futures project exhibited at

1872-540: The Saxons , a monetary value called a weregild was assigned to every human being and every piece of property in the Salic Code . If property was stolen or someone was injured or killed, the guilty person had to pay the weregild as restitution to the victim's family or to the owner of the property. Recovery of damages by a plaintiff in lawsuit is subject to the legal principle that damages must be proximately caused by

1944-894: The iPhone . The app was aimed at users who create and back projects and was the first time Kickstarter had an official mobile presence. On October 31, 2012, Kickstarter opened projects based in the United Kingdom, followed by projects based in Canada on September 9, 2013, Australia and New Zealand on November 13, 2013, the Netherlands on April 28, 2014, Denmark , Ireland , Norway , and Sweden on September 15, 2014, Germany on April 28, 2015, France and Spain on May 19, 2015, Austria , Belgium , Italy , Luxembourg and Switzerland on June 16, 2015, Singapore and Hong Kong on August 30, 2016, Mexico on November 15, 2016, and Japan on September 12, 2017. In July 2017, Strickler announced his resignation. On April 20, 2020, Kickstarter announced that it

2016-606: The "Best Inventions of 2010" and "Best Websites of 2011". Kickstarter reportedly raised $ 10 million funding from backers including NYC-based venture firm Union Square Ventures and angel investors such as Jack Dorsey , Zach Klein and Caterina Fake . The company was based at 58 Kent Street in Greenpoint, Brooklyn until they transitioned to a fully remote workforce after the COVID-19 pandemic . On February 14, 2013, Kickstarter released an iOS app called Kickstarter for

2088-469: The 13th International Venice Architecture Biennale; musician Amanda Palmer 's album Theatre is Evil debuted at No. 10 on the Billboard 200; designer Scott Wilson won a National Design Award from Smithsonian's Cooper-Hewitt, National Design Museum following the success of his TikTok + LunaTik project; the Kickstarter funded GoldieBlox toy gained nationwide distribution in 2013; and approximately 10% of

2160-412: The 20% mark reach their goal. Creators categorize their projects into one of 13 categories and 36 subcategories. They are: Art, Comics, Dance, Design, Fashion, Film and Video, Food, Games, Music, Photography, Publishing, Technology and Theater. Of these categories, Film & Video and Music are the largest categories and have raised the most money. These categories, along with Games, account for over half

2232-586: The Design, Games, and Technology categories. However, the median amount raised for the latter two categories remains in the four-figure range. There is substantial variation in the success rate of projects falling under different categories. Over two thirds of completed dance projects have been successful. In contrast, fewer than 30% of completed fashion projects have reached their goal. Most failing projects fail to achieve 20% of their goals and this trend applies across all categories. Indeed, over 80% of projects that pass

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2304-518: The NLRB, which forced Kickstarter to allow its employees a formal vote on unionization. The vote was held on the morning of February 18, 2020, with 46 voting in favor of joining the OPEIU and 37 voting against. The CEO at the time, Aziz Hasan, said after the vote, "We support and respect this decision, and we are proud of the fair and democratic process that got us here." With this, the OPEIU will now work with

2376-447: The US, UK, Canada, Australia, New Zealand, The Netherlands , Denmark, Ireland, Norway, Sweden, Spain, France, Germany, Austria, Italy, Belgium, Luxembourg, Switzerland and Mexico. Kickstarter applies a 5% fee on the total amount of the funds raised. Its payments processor applies an additional 3–5% fee. Unlike many forums for fundraising or investment , Kickstarter claims no ownership over

2448-493: The United States, there was a circuit split as to whether nominal damages may be used if a constitutional violation had occurred but has since been rendered moot . The Supreme Court decided 8–1 in the 2021 case Uzuegbunam v. Preczewski that nominal damages are appropriate means to redress violated rights otherwise now rendered moot. Contemptuous damages are a form of damage award available in some jurisdictions. They are similar to nominal damages awards, as they are given when

2520-442: The assessment of damages to be calculated at some other date. In Murfin v Ford Campbell , an agreement had been entered into whereby company shares were exchanged for loan notes , which could only be redeemed if certain profit thresholds had been achieved in the relevant accounting years. As the thresholds were not met, the loan notes were not redeemable, but at the date of the advisors' breach of contract this could not be known, only

2592-633: The award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary . Among

2664-558: The circumstances set out by Lord Devlin in the leading case of Rookes v. Barnard . They are: Rookes v Barnard has been much criticized and has not been followed in Canada or Australia or by the Privy Council . Punitive damages awarded in a US case would be difficult to get recognition for in a European court, where punitive damages are most likely to be considered to violate ordre public . Some jurisdictions recognize

2736-487: The claimant for loss, injury, or harm suffered by the claimant as a result of another's breach of duty that caused the loss. For example, compensatory damages may be awarded as the result of a negligence claim under tort law. Expectation damages are used in contract law to put an injured party in the position it would have occupied but for the breach. Compensatory damages can be classified as special damages and general damages. Liability for payment of an award of damages

2808-498: The claimant for the quantifiable monetary losses he has suffered. For example, extra costs, repair or replacement of damaged property, lost earnings (both historically and in the future), loss of irreplaceable items, additional domestic costs, and so on. They are seen in both personal and commercial actions. Special damages can include direct losses (such as amounts the claimant had to spend to try to mitigate damages) and consequential or economic losses resulting from lost profits in

2880-447: The company says it was for "performance issues." After these allegations, some Kickstarter creators have started a campaign against Kickstarter to let its employees unionize. On September 28, Kickstarter confirmed that it would not recognise the unionisation effort. In a statement addressed to project creators, the CEO stated that unionisation would turn workplace relations "inherently adversarial" and that it "doesn't reflect who we are as

2952-502: The company would require an election for the union rather than voluntarily recognizing it, saying that "our view is that we are better set up to be successful without the framework of a union." On September 16, the employees filed a complaint against Kickstarter with the National Labor Relations Board (NLRB) after two employees were terminated. According to the workers, they were fired for unionizing, although

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3024-415: The costs needed to remedy problems and put things right. The largest element is likely to be the reinstatement of property damage. Take for example a factory which was burnt down by the negligence of a contractor. The claimant would be entitled to the direct costs required to rebuild the factory and replace the damaged machinery. The claimant may also be entitled to any consequential losses. These may include

3096-568: The courts which are "similar" to the case in hand. The Judicial College 's Guidelines for the Assessment of General Damages in Personal Injury Cases are adjusted following periodic review of the awards which have been made by the courts since the previous review. The guidance which solicitors will take into account to help quantify general damages are: When a personal injury claim is settled either in court or out of court,

3168-442: The definition of crowdfunding is. Or, if there's even an agreed upon definition of what it is. We haven't actively supported the use of the term because it can provoke more confusion. In our case, we focus on a middle ground between patronage and commerce. People are offering cool stuff and experiences in exchange for the support of their ideas. People are creating these mini-economies around their project ideas. So, you aren't coming to

3240-413: The degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine the value of the harm to the victim. Mere violation of the law can entitle the victim to a statutory award, even if no actual injury occurred. These are different from nominal damages, in which no written sum is specified. Nominal damages are very small damages awarded to show that

3312-576: The films accepted into the Sundance , SXSW and Tribeca Film Festivals are projects funded on Kickstarter. The Glowing Plant project was the first and only synthetic biology campaign on Kickstarter. The Oculus Rift began as a 2012 Kickstarter project and became one of the most funded projects at the time. The company was then acquired by Facebook two years later for $ 2 billion. Peloton Interactive sold its first exercise bike on Kickstarter in 2013 with an early bird price tag of $ 1,500. It became

3384-481: The first time Kickstarter raised over a million dollars in pledges in a single day. On August 30, 2014, the "Coolest Cooler", an icebox created by Ryan Grepper, became the most funded Kickstarter project in history, with US$ 13.28 million in funding, breaking the record previously held by the Pebble smartwatch . From 2012 to 2013, Wharton professor Ethan Mollick and Jeanne Pi conducted research into what contributes to

3456-694: The idea for Kickstarter in 2001 and launched it in 2009 along with co-founders Charles Adler and Yancey Strickler . Chen is an alumnus of Hunter College High School in New York City and Tulane University in New Orleans . Chen co-founded the Southfirst gallery in Brooklyn in 2001, was a TED Fellow in 2010, a resident of Laboratorio para la Ciudad in Mexico City in 2014, and

3528-561: The instructing solicitor will usually employ a specialist expert actuary or accountant to assist with the quantification of the loss. General damages are monetary compensation for the non-monetary aspects of the specific harm suffered. These damages are sometimes termed "pain, suffering and loss of amenity". Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium , disfigurement, loss of reputation, impairment of mental or physical capacity, hedonic damages or loss of enjoyment of life, etc. This

3600-426: The loan notes' face value could be known. The conclusion was that in this case valuation could not be done until after the profit performance became known. In his judgement Pelling also referred to the case of Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd , a case where continuing misrepresentation affected the appropriate date for damages to be assessed. Special damages compensate

3672-570: The loss or harm suffered was technical rather than actual. Perhaps the most famous nominal damages award in modern times has been the $ 1 verdict against the National Football League (NFL) in the 1986 antitrust suit prosecuted by the United States Football League . Although the verdict was automatically trebled pursuant to antitrust law in the United States , the resulting $ 3 judgment was regarded as

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3744-565: The lost profits that the claimant could have been expected to make in the period whilst the factory was closed and rebuilt. On a breach of contract by a defendant, a court generally awards the sum that would restore the injured party to the economic position they expected from performance of the promise or promises (known as an " expectation measure " or "benefit-of-the-bargain" measure of damages). This rule, however, has attracted increasing scrutiny from Australian courts and legal commentators. A judge arrives compensatory number by considering both

3816-686: The money raised. Video games and tabletop games alone account for more than $ 2 out of every $ 10 spent on Kickstarter. To maintain its focus as a funding platform for creative projects, Kickstarter has outlined three guidelines for all project creators to follow: creators can fund projects only; projects must fit within one of the site's 13 creative categories; and creators must abide by the site's prohibited uses, which include charity and awareness campaigns. Kickstarter has additional requirements for hardware and product design projects. These include The guidelines are designed to reinforce Kickstarter's position that people are backing projects, not placing orders for

3888-419: The most common way the compensation payment is made is by a lump sum award in full and final settlement of the claim. Once accepted there can be no further award for compensation at a later time unless the claim is settled by provisional damages often found in industrial injury claims such as asbestos related injuries. Statutory damages are an amount stipulated within the statute rather than calculated based on

3960-434: The move went forward. On December 15, a week later, Kickstarter responded to the controversy in a blog post that clarified the company's position but did not indicate a change of plans. Perry Chen Perry Chen (born ( 1976-07-15 ) July 15, 1976) is an American entrepreneur best known for being the creator and principal founder of Kickstarter , the online crowdfunding platform for creative projects. He came up with

4032-607: The options available to personal injury claimants wanting to cover the cost of their litigation. General damages are generally awarded only in claims brought by individuals, when they have suffered personal harm. Examples would be personal injury (following the tort of negligence by the defendant), or the tort of defamation . The quantification of personal injury is not an exact science. In English law solicitors treat personal injury claims as "general damages" for pain and suffering and loss of amenity (PSLA). Solicitors quantify personal injury claims by reference to previous awards made by

4104-509: The parties contracted as liquidated, but which the court nonetheless found to be penal. To determine whether a clause is a liquidated damages clause or a penalty clause, it is necessary to consider: Damages in tort are generally awarded to place the claimant in the position that would have been taken had the tort not taken place. Damages in tort are quantified under two headings: general damages and special damages. In personal injury claims, damages for compensation are quantified by reference to

4176-468: The plaintiff's suit is trivial, used only to settle a point of honor or law. Awards are usually of the smallest amount, usually 1 cent or similar. The key distinction is that in jurisdictions that follow the loser-pays for attorney fees, the claimant in a contemptuous damages case may be required to pay their own attorney fees. Traditionally, the court awarded the smallest coin in the Realm, which in England

4248-487: The possibility of restitutionary damages for breach of contract. In this case the profits made by a defecting spy, George Blake , for the publication of his book, were awarded to the British Government for breach of contract. The case has been followed in English courts, but the situations in which restitutionary damages will be available remain unclear. The basis for restitutionary damages is much debated, but

4320-512: The projects and the work they produce. The web pages of projects launched on the site are permanently archived and accessible to the public. After funding is completed, projects and uploaded media cannot be edited or removed from the site. There is no guarantee that people who post projects on Kickstarter will deliver on their projects, use the money to implement their projects, or that the completed projects will meet backers' expectations. Kickstarter advises backers to use their judgment on supporting

4392-528: The quantum in negligence where the maxim 'Intended consequences are never too remote' applies: 'never' is inaccurate here but resorts to unforeseeable direct and natural consequences of an act. It may be useful for the lawyers, the plaintiff and/or the defendant to employ forensic accountants or someone trained in the relevant field of economics to give evidence on the value of the loss. In this case, they may be called upon to give opinion evidence as an expert witness . Compensatory damages are paid to compensate

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4464-694: The role to co-founder Yancey Strickler. December 2014, Chen exhibited "Computers in Crisis" for the New Museum's First Look program, co-presented by Rhizome and Creative Time Reports. The exhibition included the event Y2K+15, an exploration of the phenomenon and legacy of Y2K , held at the New Museum. In 2017, Chen returned again as CEO where he remained until March 2019. He continues to serve as chairman of Kickstarter's board. Chen grew up on Roosevelt Island, New York Quick Summary: Perry chen

4536-542: The severity of the injuries sustained (see below general damages for more details). In non-personal injury claims, for instance, a claim for professional negligence against solicitors, the measure of damages will be assessed by the loss suffered by the client due to the negligent act or omission by the solicitor giving rise to the loss. The loss must be reasonably foreseeable and not too remote . Financial losses are usually simple to quantify but in complex cases which involve loss of pension entitlements and future loss projections,

4608-470: The site to get something for nothing; you are trying to create value for the people who support you. We focus on creative projects—music, film, technology, art, design, food and publishing—and within the category of crowdfunding of the arts, we are probably ten times the size of all the others combined." On June 21, 2012, Kickstarter began publishing statistics on its projects. As of December 4, 2019, there were 469,286 launched projects (3,524 in progress), with

4680-477: The type of contract, and the loss incurred. When it is either not possible or not desirable to award the victim in that way, a court may award money damages designed to restore the injured party to the economic position they occupied at the time the contract was entered (known as the " reliance measure ") or designed to prevent the breaching party from being unjustly enriched ("restitution") (see below). Parties may contract for liquidated damages to be paid upon

4752-516: The union effort, Kickstarter United, to bargain with Kickstarter management for a contract. As of May 2, 2020, 60% of the workforce was part of the union. On December 8, 2021, Kickstarter announced a plan to develop a decentralized protocol on blockchain platform Celo to build an open source and blockchain-based crowdfunding infrastructure and then move its own website to that system. The announcement prompted backlash from creators and backers on Twitter , many of whom pledged to abandon Kickstarter if

4824-570: The watch was fake and is entitled to her £100 back. Thus her damages in tort are £100. (She would have to return the watch, or else her damages would be £50.) If the transaction were a "bad bargain", tort gives a better result for the claimant. If in the above example, Mary had overpaid, paying £750 for the watch, her damages in the contract would still be £450 (giving her the item she contracted to buy), however, in tort damages are £750. Special damages are sometimes divided into incidental damages , and consequential damages . Incidental losses include

4896-554: The wrongful conduct of the defendant. This is known as the principle of proximate cause. This principle governs the recovery of all compensatory damages, whether the underlying claim is based on contract, tort, or both. Damages are likely to be limited to those reasonably foreseeable by the defendant. If a defendant could not reasonably have foreseen that someone might be hurt by their actions, there may be no liability. This rule does not usually apply to intentional torts (for example, tort of deceit ), and also has stunted applicability to

4968-618: Was born in New York, grew up with both his parents in Roosevelt Island in New York City.As an adult he made kickstarter and now is 47. This article about a chief executive from the United States is a stub . You can help Misplaced Pages by expanding it . Legal damages At common law , damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant

5040-594: Was egregiously insidious and are over and above the amount of compensatory damages, such as in the event of malice or intent . Great judicial restraint is expected to be exercised in their application. In the United States punitive damages awards are subject to the limitations imposed by the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution . In England and Wales , exemplary damages are limited to

5112-550: Was likely going to lay off workers due to the coronavirus pandemic causing the number of active projects to be "about 35% below what it was at this time last year with no clear sign of rebound." The layoff was reported by the union to affect up to 45% of the employees, although Kickstarter has yet to report the scale of the layoff as of May 2, 2020. The union negotiated a settlement for laid off employees including four months of severance pay and up to six months of continued health benefits for anyone who gets laid off, recall rights for

5184-461: Was one farthing, 1/960 of a pound before decimalisation in the 1970s. Court costs are not awarded. Generally, punitive damages , which are also termed exemplary damages in the United Kingdom, are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. Punitive damages are awarded only in special cases where conduct

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