punitive damages

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punitive damages

Damages awarded in an amount intended to punish the defendant for the egregious nature of the tort. The defendant’s actions must be willful and wanton, and the damages are not based on the plaintiff’s actual monetary loss.
See also: damages
References in periodicals archive ?
(19) The most important of these exceptional cases are exemplary damages, whose objective is to punish and deter, (20) and restitutionary damages, here defined as those monetary awards measured by the expenditure saved by the defendant as a result of the wrong done to the plaintiff.
The majority decides overall that no power now exists in the law of New South Wales to award exemplary damages for equitable wrongs such as those alleged in this case nor should this Court recognize such a power.
The Supreme Court has observed that "the practice of awarding damages far in excess of actual compensation for quantifiable injuries was well recognized" in the 18th century.5 The purpose of these punitive or exemplary damages was not to make the victim whole, for they greatly exceeded any injury that the plaintiff might have suffered.
Under Section 23.1(2) of the Engineers Act, RSBC 1979, c-109, "a person who engages in unauthorized practice is liable to pay exemplary damages not exceeding $C10,000 to the Association of Professional Engineers whether of not he has been convicted of an offense related to the contravention."
Last Monday, the Sandiganbayan junked a suit seeking P102 billion in moral and exemplary damages from the Marcoses and 11 co-defendants tagged as their cronies.
In a decision by Manila RTC Judge Albert Tenorio, Tanto is require to pay P1,048,109.63 for actual damages and P300, 000 for civil indemnity, moral and exemplary damages.
In this lawsuit, Zamihan is claiming for general damages of not less than RM2 million or an alternative sum that the court deems reasonable, aggravated damages and exemplary damages.
Aside from the prison term, the court also ordered the accused to indemnify the family of Chan in the amount of P100,000 as civil indemnity, P100,000 as moral damages, P100,000 as exemplary damages and P100,000 as temperate damages.
The award by justice Joseph Sergon is for the "pain and suffering caused to the family, loss of expectation of life, loss of dependency and exemplary damages".
"The actions of the Town Council of Kikuyu, PCEA Uthiru and chairperson of the church call for not only an award of general compensatory damages but also exemplary damages," justice Obaga.Mr Kihoro had told the court that the church had illegally taken possession of the half acre and built a worship centre on it, after claiming to be the beneficiaries of his wife, the political activist Dr Wanjiru Kihoro, as she lay in a coma in Nairobi Hospital.
In its decision, the CA modified the damages set by the lower court by increasing the award of actual damages representing burial expenses from P143,890 to P616,590; the award of moral damages is increased from P75,000 to P100,000; the award of exemplary damages is increased from P30,000 to P100,000; and civil indemnity was ordered amounting to P100,000.
The High Court will today rule whether Barrymore, 65, will get the aggravated and exemplary damages he has claimed from Essex Police or just the nominal sum the force said he should get.