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In United States law, treble damages is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff. Treble damages are usually a multiple of, rather than an addition to, actual damages, but on occasion they are additive, as in California Civil Code § 1719.
State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), was a case in which the United States Supreme Court held that the due process clause usually limits punitive damage awards to less than ten times the size of the compensatory damages awarded and that punitive damage awards of four times the compensatory damage award is "close to the line of constitutional impropriety".
At the end of the month, Judge John Miraldi reduced the total award to $25 million because state law limits punitive damages. [36] In July 2019, the court ordered Oberlin to pay an additional $6.5 million as reimbursement for Gibson's attorney fees and other legal expenses. [1]
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
The law responds to each of them by imposing an obligation to pay compensatory damages. Restitution for wrongs is the subject which deals with the issue of when exactly the law also responds by imposing an obligation to make restitution. Example. In Attorney General v Blake, [25] an English court found itself faced with the following claim. The ...
For example, compensatory damages may be awarded as the result of a negligence claim under tort law. Expectation damages are used in contract law to put an injured party in the position it would have occupied but for the breach. [7] Compensatory damages can be classified as special damages and general damages. [8]
There are six classifications of damages which are compensatory, consequential, punitive, incidental, nominal and liquidated damages. [14] The objectives to fulfil the remedies is to make the plaintiff or suffering party not to suffer, the law allows several damages or compensation to cover the losses by the injured party.
The Fair Debt Collection Practices Act would charge up to $1,000 for every violation of its provision, which is an example of statutory damages. Treble damages is a type of statutory damages in which the amount of compensatory damages awarded to a plaintiff can be tripled given the warranty of a statute. [8]