Also known as: punitive
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing damages awarded against a person to punish outrageous conduct and to deter the person and others from similar conduct in the future.
Edgar Evers contracted to supply materials to Equinox Energy but failed to deliver on time. Equinox Energy suffered only economic loss from the delay. The court refused to award exemplary damages because the breach did not also constitute a tort.
Erika Echevarria suffered property damage when Edgewater Capital's agent recklessly flooded her land. A jury awarded modest compensatory damages and a large punitive sum. The court applied the three guideposts to reduce the punitive portion for lack of fair notice.
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Enzo Eastwood deliberately contaminated a shared water source with toxic waste. The affected neighbor proved the conduct was reckless and malicious. The court awarded exemplary damages to punish the act and deter future indifference to others' rights.
Eileen Epstein violated a recorded servitude by building over a neighbor's easement. The burdened owner sought enforcement. The court considered the parties' conduct and fairness and awarded exemplary damages as one available remedy.
Eugene Ellsworth maliciously broke his promise to marry after inducing substantial wedding preparations. The jurisdiction retained the action. The court permitted exemplary damages because the tort aspect of the claim was shown.
Everlasting Insurance circulated a false credit report about Elemental Pharmaceuticals to a few subscribers. The report concerned only private business matters. The court allowed recovery of exemplary damages without requiring proof of actual malice.
Exemplary damages are not recoverable for breach of contract unless the conduct constituting the breach is also a tort for which such damages are recoverable.
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Due process requires consideration of the reprehensibility of the defendant's conduct, the ratio between actual or potential harm and the punitive award, and the difference between the punitive award and civil or criminal penalties authorized in comparable cases.
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Exemplary damages punish the defendant for outrageous conduct and deter the defendant and others from similar conduct in the future.
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A servitude may be enforced by any appropriate remedy, which may include punitive damages when the conduct of the parties and other factors support that choice.
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Recognition of the tort aspect of a breach of promise to marry action means that exemplary damages may be awarded if the defendant acted maliciously.
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When defamatory statements do not involve matters of public concern, states may permit recovery of exemplary damages without a showing of actual malice.
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…that "mere negligence or carelessness is not evidence of actual malice or malice in fact, and does not justify an award of exemplary or punitive damages." He refused to charge, however, that the jury must be "convinced" of malice, in the sense of "actual intent" to harm or "gross negligence and recklessness," to make…