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Punitive damages are entirely unavailable under any circumstances in a few jurisdictions, including Nebraska, Puerto Rico, and Washington. The general rule is that punitive damages cannot be awarded for breach of contract, but if an independent tort is committed in a contractual setting, punitive damages can be awarded for the tort. [25]
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.
Penal damages are liquidated damages which exceed reasonable compensatory damages, making them invalid under common law.While liquidated damage clauses set a pre-agreed value on the expected loss to one party if the other party were to breach the contract, penal damages go further and seek to penalise the breaching party beyond the reasonable losses from the breach. [1]
Typical legal damages for tortious interference include economic losses, if they can be proven with certainty, and mental distress. Additionally punitive damages may be awarded if malice on the part of the wrongdoer can be established.
Punitive damages The maliciousness and willingness of the defendant to carry out certain wrongful acts are typically what compel the court to impose punitive damages. Since the intention of punitive damages is typically not to compensate the plaintiff, it is often that only a part of it would be awarded to the plaintiff at the discretion of ...
The punishment of punitive damages should fall squarely upon the individuals who are supposed to be punished. Yet in New York City it doesn’t. Punitive Damages Against Police Officers Do Not ...
It's called punitive damages. Use it," Freedman said. ... Axelrod said the definition of "black market" doesn’t matter because when looking at the words "in context," it was used in an "accurate ...
Damages for breach of contract is a common law remedy, available as of right. [1] It is designed to compensate the victim for their actual loss as a result of the wrongdoer’s breach rather than to punish the wrongdoer. If no loss has been occasioned by the plaintiff, only nominal damages will be awarded.