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LSDefine

Simple English definitions for legal terms

exemplary damages

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A quick definition of exemplary damages:

Exemplary damages, also known as punitive damages, are extra money awarded to the plaintiff beyond what they actually lost. These damages are given as punishment to the defendant for their harmful behavior. They are usually only awarded in cases where the defendant intentionally caused harm or engaged in willful misconduct. Punitive damages are not typically awarded in breach of contract cases. Courts will also not award punitive damages if the liquidated damages listed in a contract are actually meant to be punitive. Courts only apply punitive damages in about 5% of cases, and they consider the reprehensibility of the defendant's behavior and the ratio of punitive to compensatory damages when deciding whether to award them.

A more thorough explanation:

Definition: Exemplary damages, also known as punitive damages, are additional damages awarded to the plaintiff beyond the actual damages incurred. These damages are considered punishment and are intended to dissuade the defendant from engaging in harmful behavior. Punitive damages are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. They are not awarded in the context of a breach of contract claim.

Examples: In a case of tort liability, a court may award punitive damages if the plaintiff can prove that the defendant engaged in intentional tort or wanton and willful misconduct. For example, if a driver intentionally hits a pedestrian, the court may award punitive damages in addition to compensatory damages. However, if the driver accidentally hits the pedestrian, punitive damages may not be awarded.

In a principal-agent relationship, courts are usually reluctant to award punitive damages on the principal for the reckless actions of the agent. However, if the principal encourages or causes the agent's recklessness, punitive damages may be awarded. For example, if a company encourages its employees to cut corners on safety measures, and an employee's recklessness causes harm to someone, the court may award punitive damages against the company.

Explanation: Exemplary damages are awarded to punish the defendant for their harmful behavior and to deter them from engaging in such behavior in the future. These damages are not meant to compensate the plaintiff for their losses but to send a message to the defendant and others that such behavior will not be tolerated. The court has discretion in awarding punitive damages and will consider the severity of the defendant's behavior and the harm caused to the plaintiff.

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TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
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