Part 8 — .1
57.4 Court action re prohibited use of software
or loss as a result of a person's contravention of section 57.3(1) or
(3) may commence an action in the Court of King's Bench against
that person for relief from the damage or loss.
(2) In an action under this section, the Court may
RSA 2000
(a) order restitution of any mon ey or other consideration given
or furnished by the plaintiff,
(b) award the plaintiff damages in the amount of any loss
suffered because of the contravention, including exemplary
or punitive damages,
(c) grant an injunction restraining the defendant from
continuing to contravene the provision,
(d) make an order of specifi c performance against the
defendant, or
(e) make any other order the Court considers appropriate.
(3) An order under subsection (2)(b) for exemplary or punitive
damages may not be made if the defendant took reasonable
precautions and exercised due diligence to avoid contravening the
provision.
2017 c18 s1(10);AR 217/2022