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 ?
"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 award includes $5.45 million in actual damages and $20 million in what TDS calls exemplary damages "finding that Waste Management had circulated false and defamatory statements about TDS and its Austin, Texas landfill," TDS said.
Summary: Barker-Homek is seeking at least $460 million in compensatory and exemplary damages
At the appeal hearing Mrs Justice Slade said Ms Fletcher was not entitled to pounds 50,000 "exemplary damages", which had been awarded in a bid to "punish and deter" the A r my.
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.
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.
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 landlord was ordered to pay pounds 25,000 exemplary damages as a result.
Secondly, there is always the possibility of exemplary damages, which may be awarded at the Court's discretion for particularly egregious misconduct, and can be as high as $15 million.
The court also ordered each of the Apoles to pay Hashiba 75,000 pesos in moral and exemplary damages for the abduction and 153,000 pesos for robbery.
Analysis of the objectives of compensatory and exemplary damages suggests that 'satisfaction' should be recognised as an independent objective of the law of remedies.]