exemplary damages


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exemplary damages

n. often called punitive damages, these are damages requested and/or awarded in a lawsuit when the defendant's willful acts were malicious, violent, oppressive, fraudulent, wanton, or grossly reckless. Examples of acts warranting exemplary damages: publishing that someone had committed murders when the publisher knew it was not true but hated the person; an ex-husband trashes his former wife's auto and threatens further property damage; a stockbroker buys and sells a widow's stocks to generate commissions resulting in her losing all her capital (money). These damages are awarded both as a punishment and to set a public example. They reward the plaintiff for the horrible nature of what she/he went through or suffered. Although often requested, exemplary damages are seldom awarded. There have been major awards in egregious (remarkable or outstanding) cases, such as fraud schemes, sexual harassment, or other intentional and vicious actions even when the provable actual damages were not extensive. (See: damages)

exemplary damages

see DAMAGES.
References in periodicals archive ?
While the Authority declined to award any exemplary damages, it did award penalties against Watchorn as a punishment for his unlawful behaviour and to act as a deterrent.
Culture Secretary Maria Miller told the Commons the exemplary damages plan, contained in amendments to the Crime and Courts Bill, was a crucial part of Lord Justice Leveson's reforms.
In the damages hearing, exemplary damages was something I was pushing for as that was the only way Cleveland Police could be truly punished, as that was the only part of the damages that they had to pay.
The Army's conduct, deplorable though it was found to be, did not cross the high threshold warranting an award of exemplary damages," the judge said.
Magleby's most recent trial in November 2008 was a theft of intellectual property case, resulting in a favorable, muti-million dollar jury verdict, including punitive and exemplary damages.
Mr Justice Eady, who had awarded the previous highest damages for infringement of privacy - pounds 5,000 to singer Loreena McKennitt - refused to order punitive exemplary damages against News Group Newspapers, which would have been a first for a privacy case.
Mr Mosley, president of the FIA (Federation Internationale de l'Automobile) says that his life was devastated by the expose of what the newspaper called a "sick Nazi orgy with five hookers" and is asking for an unprecedented award of punitive exemplary damages.
The court, after reviewing the legislative history involved, concluded that claims for exemplary damages based on elder abuse were not subject the requirements in question However, the court noted that the law specifically provides: "No claim for punitive or exemplary damages against a religious corporation or religious corporation sole {sic} shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive or exemplary damages to be filed.
The family seeks punitive and exemplary damages from each defendant, as well as "damages for past and future medical expenses, pain and suffering, loss of society, consortium, companionship, love, affection, support, pre and post judgment interests, and costs of suit.
Since the Washington Supreme Court observed no distinction between treble damages and exemplary damages in 1981, it is difficult to distinguish IFCA's penalties from punitive damages.
The lawsuit filed July 20 in Antelope Valley Superior Court is seeking punitive and exemplary damages for defamation and infliction of emotional distress.
The landlord was ordered to pay pounds 25,000 exemplary damages as a result.