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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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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