exemplary damages

exemplary damages
exemplary damages see damage 2

Merriam-Webster’s Dictionary of Law. . 1996.

exemplary damages
Damages awarded on top of actual damages if the wrong done to the plaintiff by the defendant was aggravated in some way.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

exemplary damages
See damages.

Collins dictionary of law. . 2001.

exemplary damages
Damages awarded over and above special and general damages to punish a losing party's willful or malicious misconduct. Sometimes called punitive damages.
Category: Criminal Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

exemplary damages
Also known as exemplary damages, retributory damages or vindictive damages.
Damages awarded in excess of the claimant's loss. They are intended to punish the defendant and are more closely connected to criminal law than tort or contract. Punitive damages are awarded occasionally in tort cases to mark the court's disapproval of the defendant's conduct (for example, in defamation actions); they are not available for breach of contract, as damages in contract are awarded on a compensatory basis. Under the present law, punitive damages cannot be awarded unless:
• The wrongdoer has committed a legal wrong for which punitive damages were awarded before 1964; and
• The wrongdoer's conduct falls into one or other of two limited categories of abuse of power by servants of government, or conduct which was motivated by the pursuit of profits.
Related links
+ punitive damages, also known as exemplary damages
The amount of money awarded to the claimant in civil litigation to punish the wrongdoer and to deter the wrongdoer and others from engaging in unlawful conduct in the future. Punitive damages must bear a reasonable relationship to the harm caused by the wrongdoer's actions, and are reserved only for situations in which the wrongdoer acted intentionally, recklessly or with gross negligence in causing the claimant's harm. Punitive damages are awarded to the claimant in addition to compensatory damages. Punitive damages generally may not be recovered for breach of contract.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

exemplary damages

Webster's New World Law Dictionary. . 2000.

exemplary damages
   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 also: damages, punitive damages

Law dictionary. . 2013.

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Look at other dictionaries:

  • exemplary damages — ➔ damage1 * * * exemplary damages UK US noun [plural] UK LAW ► an amount of money that someone who commits an offence has to pay, which is intended to be large enough to prevent them or others from committing similar offences in the future: »He… …   Financial and business terms

  • Exemplary damages — Exemplary Ex em*pla*ry, a. [L. exemplaris, fr. exemplar: cf. F. exemplaire. See {Exemplar}.] 1. Serving as a pattern; deserving to be proposed for imitation; commendable; as, an exemplary person; exemplary conduct. [1913 Webster] [Bishops ] lives …   The Collaborative International Dictionary of English

  • exemplary damages — n. Law damages awarded to the plaintiff beyond the actual loss, imposed as a punishment for the defendant s wrong …   English World dictionary

  • exemplary damages — noun (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct) • Syn: ↑punitive damages, ↑smart money • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑ …   Useful english dictionary

  • Exemplary damages — Damage Dam age (d[a^]m [asl]j; 48), n. [OF. damage, domage, F. dommage, fr. assumed LL. damnaticum, from L. damnum damage. See {Damn}.] 1. Injury or harm to person, property, or reputation; an inflicted loss of value; detriment; hurt; mischief.… …   The Collaborative International Dictionary of English

  • Exemplary damages — Im angelsächsischen Recht versteht man unter Punitive damages (exemplary damages im englischen Recht) Schadensersatz, der im Zivilprozess einem Kläger über den erlittenen realen Schaden hinaus zuerkannt wird. In Deutschland hat sich hierfür der… …   Deutsch Wikipedia

  • exemplary damages — Damages given as an enhancement of compensatory damages because of the wanton, reckless, malicious, or oppressive character of the acts complained of, and by way of punishment of the defendant and a deterrent to others. 22 Am J2d Damg § 236.… …   Ballentine's law dictionary

  • exemplary damages — /əgˌzɛmpləri ˈdæmɪdʒəz/ (say uhg.zempluhree damijuhz) plural noun Law damages awarded to the plaintiff over and above compensatory damages, as a mark of disapproval of outrageous conduct by the defendant …  

  • exemplary damages — Law. See punitive damages. * * * …   Universalium

  • exemplary damages — increased payment of compensation intended to punish the responsible party …   English contemporary dictionary

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