Compensation without proof of damage or sample compensation – how to receive financial compensation?

Compensation without proof of damage or exemplary compensation is financial compensation determined by the legislator in various laws. The purpose of compensation without proof of damage is to provide financial relief (sometimes very high) without the plaintiff having to detail and prove the damages suffered (contrary to the requirement of Damages for breach of contract There you usually have to prove that damage has been caused in order to receive compensation).

That is, it is enough to prove that it existed Violation of the law So that the plaintiff can claim financial compensation.

Compensation without proof of damage (or exemplary damages) is provided for in many laws, some of which everyone is familiar with. However, people are not aware of the options to file claims under these laws and demand the compensation without proof of damage provided for in those laws.

In a significant number of cases, the legislator set the amount of compensation without proof of damage at a total 50 אלף ש"חAnyone who carefully examines all the laws will discover that the legislator also established a mechanism for interest and linkage to this amount, so that in practice, in most cases, the amount of compensation as of today is approximately70 – 80 אלף ש"ח לכל הפרה.

This means that if, for example, you encountered a person who damaged your good name by publishing defamation in several different places, or on several different occasions, you can demand compensation without proof of damage for each and every one of those instances.

The amount of compensation in these cases may reach For hundreds of thousands of shekels.

In this article, we will detail a number of common laws that most of you are familiar with, and explain what your rights are and in which cases you can demand compensation without proof of damage or compensation, for example.

If you are considering filing a claim, it is recommended that you consult with Claims lawyer So that he can examine the chances of your claim.

Contacting a law firm that does not deal with lawsuits and representing plaintiffs and defendants in court may significantly reduce your chances of success in receiving compensation without proof of damage.

Compensation without proof of damage under the Sexual Harassment Prevention Act

Sexual harassment Defined in this law as follows:

(א) Sexual harassment is any of these acts:

(1) Blackmail with threats, As defined in section 428 Penal Code, When the act the person is required to perform is of a sexual nature;

(2) Indecent acts as defined in the sections 348 ו-349 Penal Code;

(3) Repeated sexual advances, Addressed to a person who has shown the harasser that they are not interested in the said offers;

(4) Repeated references directed at a person, Focusing on his sexuality, When that person has shown the harasser that they are not interested in the said references;

(5) Derogatory or humiliating reference made to a person in relation to their gender or sexuality, Including his sexual orientation;

5A) Post a photo, a film or recording of a person, focusing on his sexuality, in circumstances where the publication is likely to humiliate or demean the person, and his consent to the publication was not given, however, in a criminal or civil lawsuit under this paragraph, it will be a good defense for the publisher if one of the following is true:

(א) The advertisement was made in good faith., Considering the circumstances of the publication, Its content, Its shape, Its scope and purpose;

(ב) The advertisement was made for a legitimate purpose.;

(ג) There is a public interest in publishing that justifies it in the circumstances., As long as it's not false, Or it is an expression of opinion or criticism of a public official in relation to his position., And the advertising did not exceed the reasonable scope for achieving its purpose.;

In this paragraph, "photograph, Film or recording" – Including editing or combining any of them, Provided that in the circumstances of the case the person can be identified;

6) Suggestions or references as stated in the paragraphs (3) or (4), Which are addressed to whomever is listed in the sub-paragraphs below, In the circumstances specified in these subparagraphs, Even if the harassed person has not shown the harasser that they are not interested in the said suggestions or comments:

א) To a minor or helpless person – while exploiting a relationship of dominance, dependence, Education or care, And if the minor is not yet of age 15 Years – even without exploiting the aforementioned relationships, Provided that the harasser is not a minor;

ב) For the patient, As part of mental health treatment, Health, Medical or Para–Medical – exploiting the patient's dependence on the therapist; In this subsection, "Mental health care" – As defined in section 347A of the Penal Code;

(ג) To an employee within the framework of an employment relationship, And to a person in service within the framework of service – while exploiting authority in employment relationships or in service;

ד) For a 10th grade student"ב, י"C or Y"ד, Not a minor, While exploiting power relationships in studies;

ה) For a pupil or student, A student at an institution that provides academic education, Religious or professional for adults (In this law – an institution for adult education), While exploiting power relationships in studies;

ו() (Expired);

ז) To a person – while exploiting relationships of dominance or dependence, As part of the guidance or advice of a religious priest or someone who is currently posing as a religious priest or a person known or presenting themselves as having special spiritual qualities;

ח) per person, On the part of a public employee in the performance of his or her duties or in connection with them and while abusing his or her authority – while exploiting the person's relationship of authority or dependence on the public employee; In this subsection, "Public servant" – As defined in section 34Judging by the Penal Code;

ט) For a person with a disability employed in a sheltered enterprise – while exploiting relationships of dominance or dependence.

(ב) Harassment is any kind of harm that stems from sexual harassment., Either in a complaint or in a lawsuit, filed for sexual harassment.

by virtue of Law to Prevent Sexual Harassment You can claim financial compensation without proof of damage. עד לסכום של 120 אלף ש"ח (Before the linkage mechanism set out in the section that increases the amount that can be claimed):

6. (א) Sexual harassment and bullying are civil torts, and the provisions of the Torts Ordinance [New version], shall apply to them subject to the provisions of this law..

(ב) The court may award compensation for sexual harassment or bullying not exceeding the amount 120,000 New shekels, Without proof of damage; This amount will be updated in-1 In January of each year (In this section – the update date), Depending on the rate of increase in the new index compared to the basic index, a notice of the updated amount will be published in Reshumot.; For the purposes of this subsection –

"index" – The Consumer Price Index published by the Central Bureau of Statistics;

"The new index" – The most recently published index before the update date;

"The basic index" – August index 2013.

(C) The court or the labor court, as the case may be, will not entertain a claim for a tort under this section or under section 7, which was filed after the period specified in section 5 had elapsed. The statute of limitations, התשי"ח-1958 מיום שנוצרה העילה והוראות סעיפים 18א ו-18ב לחוק האמור, לא יחולו על תביעה כאמור.

Compensation without proof of damage under the Right to Work Law in Yeshiva

חוק זה נועד על מנת לאפשר לעובדים לקיים את עבודתם בישיבה (למעט מקרים בהם אין אפשרות לבצע את העבודה בישיבה). הפרת חוק זה עשויה לחייב את המעסיק בסכום פיצוי ללא הוכחת נזק שעשוי להגיע ל-200 אלף ש"ח.

Section 2 of this law states as follows:

An employer will provide an employee with a seat for work at the workplace and will not prevent an employee from sitting during work, unless the employer proves that the normal performance of the work does not allow for sitting.

Section 4(b)(1) is the one that determines the sanction that the employer faces if he chooses to violate the law:

If the Labor Court finds that the defendant violated the provisions of Sections 2, 3, 3A or 3B, it may order the violator to pay compensation that is not dependent on the damage (in this section – exemplary compensation), in an amount not exceeding 20,000 New Shekels; however, the Labor Court may award exemplary compensation in an amount not exceeding 200,000 New Shekels, taking into account the severity of the violation or its circumstances.

על מנת שבית הדין יפסוק פיצוי ללא הוכחת נזק קרוב ככל הניתן ל-200 אלף ש"ח יש לתעד הפרות רבות מאוד (תצלומים, הקלטות וידיאו או אודיו).

Cases of this type may also be appropriate for the need Filing a class action lawsuitAttorney Eddie Blitstein is Class Action Lawyer Who previously filed a class action lawsuit on this issue against ALM.

This class action lawsuit was approved by the Regional Labor Court and ultimately ended in a settlement in which the employees were awarded chairs in the workplace, as well as compensation.

Compensation without proof of damage under the Defamation Law (Libel)

The Defamation Law is designed to deal with situations in which someone publishes offensive advertising against another person (for all the conditions for receiving compensation without proof of damage under the Defamation Law, click here). here).

In this matter, it is necessary to consult with Defamation lawyer Because beyond the provisions of the law, there is a great deal of case law regarding compensation without proof of damage under this law.

Section 7A of the Defamation Law states:

(א) A person has been convicted of an offense under this law., The court may order the injured party to pay compensation not exceeding 50,000 New shekels, Without proof of damage; Compensation payable under this subsection, It is a judgment of that court., Given in a civil action by the entitled party against the debtor thereof.

(ב) In a civil tort lawsuit under this law, The court may order the defendant to pay the injured party compensation not exceeding 50,000 New shekels, Without proof of damage.

(ג) In a civil tort lawsuit under this law, Where it was proven that the defamation was published with the intention of harming, The court may order the defendant to pay the injured party, Compensation not to exceed twice the amount as stated in subsection (ב), Without proof of damage.

(ד) No one will receive compensation without proof of damage., According to this section, Because of that slander, More than once.

(ה) The amounts mentioned in this section will be updated in-16 Every month, Depending on the rate of increase of the new index compared to the basic index; For the purposes of this subsection –

"index" – The Consumer Price Index published by the Central Bureau of Statistics;

"The new index" – Index of the month preceding the month of update;

"The basic index" – September index 1998.

This section allows compensation to be received without proof of damage in both civil and criminal proceedings.

Section 7A(c) expressly states that if the plaintiff succeeds in proving that the defendant published defamatory statements In order to achieveע In Then the amount of compensation will be doubled. ל-100 אלף ש"ח (ובתוספת ריבית והצמדה הסכום עומד נכון להיום על כ-140 אלף ש"ח, For every violation).

Compensation without proof of damage under the Anti-Discrimination Law

The Anti-Discrimination Law prohibits discrimination against people based on their religion, race, sexual orientation, country of origin, views, party affiliation, personal status, or parentage.

A common case in which compensation can be claimed without proof of damage under the Anti-Discrimination Law is a case in which partygoers are prevented from entering a club (for all the conditions for receiving compensation without proof of damage under the Anti-Discrimination Law, click here)

Section 5 of the Prohibition of Discrimination Law establishes the right to claim compensation without proof of damage:

(א) Act or omission contrary to the provisions 3 ו-4 They are a civil wrong., and the provisions of the Torts Ordinance [New version], They will be subject to, Subject to the provisions of this law.

(ב) The court may award compensation for a wrong under this law not exceeding 50,000 ש"ח, Without proof of damage; This amount will be updated in-16 Every month, Depending on the rate of change of the new index compared to the basic index; For the purposes of this subsection –

"index" – The Consumer Price Index published by the Central Bureau of Statistics;

"The new index" – Index of the month preceding the month of update;

"The basic index" – October index 2000.

The Rishon LeZion municipality was ordered to pay compensation without proof of damage under the Anti-Discrimination Law to a secular woman who was discriminated against in relation to a religious public.

Compensation without proof of damage under the Privacy Protection Law

The Privacy Protection Law defines what constitutes a violation of privacy that allows compensation to be claimed without proof of damage:

Invasion of privacy is one of these:

(1) Detective or tracking a person, Those who may be disturbed, or other harassment;

(2) Eavesdropping prohibited by law;

(3) Photographing a person while in private;

(4) Publishing a person's photograph in public under circumstances where the publication is likely to humiliate or demean him.;

4א) Publishing a photograph of an injured person in public, taken at the time of the injury or shortly after it, in a manner that allows him to be identified and in circumstances where the publication may embarrass him, Except for publishing a photograph without a delay between the moment of photography and the moment of actual broadcast that does not exceed what is reasonable under the circumstances.; For this matter, "injured" –Someone who has suffered physical or mental injury due to a sudden event and whose injury is clearly visible;

5)Copying the content of a letter or other writing intended for publication, or use of our software, Without permission from the recipient or writer, And all this if the writing is not of historical value and fifteen years have not passed since the date of its writing.; For this purpose, "writing" – Including an electronic message as defined in the Electronic Signature Law, 576"א-2001;

(6) Using a person's name, By his nickname, In his image or in his voice, For spacing;

(7)Breach of a legally prescribed duty of confidentiality regarding a person's private affairs;

(8)Breach of confidentiality regarding a person's private affairs, determined by express or implied agreement;

(9)Using information about a person's private affairs or disclosing it to another person, Not for the purpose for which it was given;

(10)The publication or delivery of something obtained by violating privacy under paragraphs (1) to (7) or (9);

11)Publication of a matter concerning the privacy of a person's personal life, Including his sexual past, or to his health condition, or his behavior in private.

Section 29A of the Privacy Protection Law states that it is possible file a claim For compensation without proof of damage (the section is similar to the relevant section of the Defamation Law):

(א) A person was convicted of an offense under section 5, The court may order the injured party to pay compensation not exceeding 50,000 New shekels, Without proof of damage; An obligation to pay compensation under this subsection is as if it were a judgment of the same court given in a civil action by the entitled party against the debtor thereof..

(ב)(1)In a civil tort lawsuit under section 4, The court may order the defendant to pay the injured party compensation not exceeding 50,000 New shekels, Without proof of damage.

(2) In the sentence as stated in the paragraph (1) Where it was proven that the invasion of privacy was done with the intention of harming, The court may order the defendant to pay the injured party compensation not exceeding double the amount stated in that paragraph., Without proof of damage.

(ג) No person shall receive compensation without proof of damage under this section., Because of that invasion of privacy, More than once.

(ד) The amounts mentioned in this section will be updated in-16 Every month, Depending on the rate of change in the new index compared to the basic index; For this purpose

"index" – The Consumer Price Index published by the Central Bureau of Statistics;

"The new index" – Index of the month preceding the month of update;

"The basic index" – May index 2007.

In cases where there is a serious violation of the plaintiff's privacy (for example, when very personal details are involved), the case law states that there is no obligation to reveal the plaintiff's identity at the beginning of the procedure (in order to minimize the violation of his privacy).

Compensation without proof of damage under Copyright Law

Copyright law deals with situations in which a work is used without paying the creator of the work (for example: copying a photo without paying the photographer for its use, or downloading songs or movies from the Internet without paying the creators).

In this case too, compensation can be demanded without proof of damage depending on the number of unlawful uses of the work (for example, if you downloaded an image and used it on several websites or on several different occasions, the creator of the work can file a claim and demand compensation without proof of damage for each of the violations).

גובה פיצוי ללא הוכחת נזק מכוח חוק זה הוא 100 אלף ש"ח לכל הפרה.

The right to claim compensation without proof of damage under the Copyright Law is set forth in Section 56:

(א) A copyright or moral right has been violated., The court may, At the request of the plaintiff, To rule for the plaintiff, For any violation, Compensation without proof of damage in an amount not exceeding 100,000 New shekels.

(ב) In determining compensation under the provisions of subsection (א), The court may consider, inter alia, These considerations:

(1) The scope of the violation;

(2) The length of time the violation occurred;

(3) Severity of the violation;

(4) The actual damage caused to the plaintiff, In the court's opinion;

(5) The profit that accrued to the defendant due to the violation, In the court's opinion;

(6) Characteristics of the defendant's activity;

(7) The nature of the relationship between the defendant and the plaintiff;

(8) The defendant's good faith.

(ג) For the purposes of this section, violations committed in a single series of acts shall be considered, As one violation.

(ד) The Minister may, By order, Change the amount set in subsection (א).

Compensation without proof of damage under the Consumer Protection Law

חוק הגנת הצרכן מונה רשימה ארוכה של מקרים בהם ניתן לקבל פיצוי ללא הוכחת נזק (החוק משתמש במינוח פיצויים לדוגמה). גובה הפיצוי מכוח חוק זה הוא 10,000 ש"ח.

Please note: A prerequisite for filing a claim and demanding compensation without proof of damage under the Consumer Protection Law is a written application to the business and notification that you intend to file a claim against it and demand compensation without proof of damage (set forth in Section 31A(b)).

Section 31A specifies the list of cases in which a claim can be filed and compensation can be demanded without proof of damage:

(a) If a transaction is concluded between a trader and a consumer and the trader violates, in connection with that transaction, one of the provisions specified below, the court may award, due to that violation, compensation that is not dependent on the damage (in this section – exemplary compensation), in an amount not exceeding 10,000 new shekels:

(1) A consumer requested that a dealer refund the consideration he paid and in the manner in which he paid, pursuant to Section 4C(b), after the dealer did not act in accordance with the goods return policy detailed in the advertisement pursuant to Section 4C(a) – and the dealer did not refund the consumer the full consideration as aforesaid;

1a) A consumer requested that a trader deliver the property or service to the location as agreed between the parties, after the trader misled him regarding the location to which the property or service would be delivered as stated in Section 2(a)(3a) – and the trader did not deliver the property or service to the location as agreed between the parties as stated;

(2) A consumer requested that a trader refund the consideration he paid and in the manner in which he paid, pursuant to Section 4C(b) and (c), after the trader failed to display an advertisement detailing its policy regarding the return of goods not due to a defect, pursuant to Section 4C(a) – and the trader did not refund the consumer the full consideration as aforesaid;

2a) In a fixed-term transaction – a consumer requested that a trader stop charging the consumer with payments after the date of termination of the transaction or obligation under Section 13A(c), or the consumer was not given written notice under Section 13A(d) or Section 13E(f)(2), as the case may be – and the trader continued to charge the consumer with payments in violation of those provisions;

2b) A consumer requested to cancel an ongoing transaction via a cancellation notice pursuant to the provisions of Section 14T – and the trader continued to charge the consumer for payments due to the transaction, contrary to the provisions of Section 13D(c);

2B1) A consumer claimed that a dealer charged him an excess amount – and the dealer did not return to the consumer the refund amount due to him according to the provisions of Section 13D1;

2c) A consumer requested from a trader to pay for services or goods without a commission as stated in section 13H(b), or to pay as stated in one of the ways listed in section 13H(c) – and the trader did not act accordingly;

3) A consumer requested that a dealer return to him what the dealer received under a peddling agreement, under Section 14(b), following the cancellation of the agreement under Section 14(a) or 14C1(b) – and the dealer did not return to the consumer what he received under the said agreement;

4) A consumer requested that a trader refund the portion of the transaction price he paid or a consumer requested that his charge be canceled, pursuant to Section 14E(a)(1) or 14E(b)(1), following the cancellation of a contract for the purchase of a vacation unit pursuant to Section 14A(c) or the cancellation of a distance selling transaction pursuant to Section 14C(c) or 14C1(c) – and the trader did not refund the portion of the transaction price to the consumer or did not cancel the charge as aforesaid;

4a) A consumer requested that a trader refund the portion of the transaction price he paid or a consumer requested that his charge be canceled under section 13G(1), following the cancellation of an ongoing transaction regarding medical services under section 13F(a)(1) or (2) – and the trader did not refund the portion of the transaction price to the consumer or did not cancel the charge as aforesaid;

(5) A consumer requested from a dealer that he be charged the price displayed on the goods, pursuant to Section 17B(d), even if their price at the checkout was higher – and the dealer did not act accordingly;

(6) A consumer requested to pay the price of an asset or service in Israeli currency in accordance with the exchange rate set out in the first appendix, pursuant to section 17G(b) – and the trader refused to allow such payment;

7) A consumer has requested a manufacturer of goods or a dealer to receive a warranty certificate, as required under Section 18A(5) or a consumer has requested a dealer to receive a warranty sticker, as required under Section 18A(a1) – and the manufacturer or dealer, as the case may be, has not provided such a certificate or sticker;

(8) A consumer has requested a manufacturer of goods or a dealer to repair a defect discovered in goods sold to him or to provide spare parts for the purpose of repairing the goods, as required under section 18A(1) – and the manufacturer or dealer, as the case may be, has not repaired any such defect during the warranty period free of charge or has not provided such spare parts by the end of the warranty period, within the period prescribed for this purpose under that section.

חוק הגנת הצרכן מאפשר להגיש גם תביעה ולדרוש פיצוי ללא הוכחת נזק בסכום 50 אלף ש"ח. במקרים אלה תצטרכו להוכיח שבית העסק המשיך להפר את החוק גם לאחר שנדרש להפסיק את ההפרה (סעיף 31א(ג1) לחוק).

In this matter, contact a consumer protection lawyer.

פיצוי ללא הוכחת נזק מכוח חוק שירותי תעופה ("חוק טיבי")

The Air Services Law (known as the Tibi Law after MK Ahmed Tibi, who initiated it) applies to any passenger flying to or from Israel. This law provides compensation without proof of damage in many cases relevant to flight cancellation or delay.

Section 11 of the Aviation Services Law specifies in which cases the plaintiff may be awarded compensation without proof of damage:

(א) The court may award compensation to a passenger who was issued a flight ticket that is not dependent on the damage. (In this section – sample compensation), In an amount not exceeding 10,250 New shekels, If it is found that one of the following has been knowingly done:

(1) Flight operator or organizer –

(א) Did not give benefits to the passenger who refused to fly him, Contrary to the provisions of section 5;

(ב) Did not provide benefits to a passenger whose flight was canceled, Contrary to the provisions of section 6;

(ג) Did not provide benefits to a passenger whose flight took off late, Contrary to the provisions of section 7;

(ד) Did not provide benefits to a passenger whose flight departure time was brought forward, Contrary to the provisions of section 8;

(ה) Did not provide financial compensation due to a change in the terms of the flight ticket as stated in the second appendix, For a passenger who has been transferred to a lower class than that specified on his/her flight ticket, Contrary to the provisions of section (9)ב);

For details of all the benefits available to passengers when a flight is canceled or delayed, click here.

In this matter, contact a tourism lawyer - an aviation lawyer.

פיצוי ללא הוכחת נזק מכוח "חוק הספאם"

עיון במאגרים משפטיים יגלה כי מוגשות תביעות רבות לקבלת פיצוי ללא הוכחת נזק מכוח "חוק הספאם", והדבר מעיד כי הפרת החוק עדיין משתלמת לחברות שמפיצות ספאם.

The Spam Law resulted in the establishment of companies that helped plaintiffs file their lawsuits, in exchange for a percentage of the winnings. One of the companies, Spam Off, was closed after the District Court criticized its activities and effectively prevented its continued operation.

Section 30A(j)(1) establishes the right to file Spam claim And demand compensation without proof of damage:

An advertisement was knowingly sent in violation of the provisions of this section., The court may award damages for this violation that are not dependent on the damage. (In this section – sample compensation), In an amount not exceeding 1,000 New shekels for any advertising received by the recipient in violation of the provisions of this section;

The compensation amount is paid for each spam message.

Pay attention The court may reduce the maximum compensation amount, and in practice, in exceptional cases, maximum compensation has been awarded to plaintiffs.

You cannot always file a claim and demand compensation without proof of damage.

One of the exceptional cases in which you cannot file a claim and demand compensation without proof of damage is in the framework of Class action lawsuit.

The Class Actions Law expressly establishes the prohibition in Section 20(e):

The court will not award exemplary damages in a class action lawsuit., And he will not award compensation without proof of damage., Except in the claim as specifically specified 9 In addition to the second, However, the above does not prevent an award of compensation for damage other than financial damage..

The only case in which you can file a class action lawsuit and demand compensation without proof of damage is within the framework of a proceeding dealing with the violation of the rights of people with disabilities.

Frequently asked questions regarding compensation without proof of damage or sample compensation