Also known as: exemplary damage · punitive damages · vindictive damages
Written by attorneys · grounded in primary & secondary sources — see below
Damages other than compensatory or nominal damages, awarded against a person to punish outrageous conduct and to deter him and others like him from similar conduct in the future.
Edgar Evers contracted with Elemental Pharmaceuticals to supply raw materials by a fixed date. When the supplier deliberately withheld delivery to force a higher price, Evers sued for breach. The court awarded only expectation damages because the supplier's conduct did not constitute an independent tort.
Eduardo Enriquez operated heavy equipment near Elena Estrada's property despite repeated warnings that the activity risked collapse of her retaining wall. After the wall failed and caused substantial damage, the jury found the operator's indifference outrageous and awarded punitive damages in addition to compensation for the loss.
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Ezra Eastman recovered $50,000 in compensatory damages from Equinox Energy after a spill contaminated his land. The jury added $5 million in punitive damages. On appeal the court applied the three guideposts and reduced the punitive award because the ratio was excessive and comparable statutory penalties were far lower.
Edward Everett purchased a lot subject to a recorded servitude requiring shared maintenance of a drainage easement. When Everest Holdings, the neighboring owner, blocked the easement and caused flooding, the court permitted the plaintiff to recover both compensatory damages and punitive damages to enforce the servitude.
Esther Eisenberg sued after her fiancé abruptly ended their engagement and publicly humiliated her. Because the jurisdiction still recognized the action and the evidence showed malicious conduct, the court allowed recovery of actual damages plus punitive damages.
Eclipse Manufacturing knowingly sold defective safety equipment that injured workers. After the jury found the company's conduct outrageous, it awarded punitive damages separate from the plaintiffs' medical expenses and lost wages to punish the firm and deter similar future sales.
Exemplary damages are not recoverable for breach of contract unless the breaching conduct also constitutes an independent tort for which such damages are recoverable.
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Exemplary damages may be awarded when the defendant's conduct is outrageous because of evil motive or reckless indifference to the rights of others.
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Due process requires courts to evaluate whether the award is excessive by considering the reprehensibility of the conduct, the ratio of punitive to actual harm, and the difference between the award and penalties authorized in comparable cases.
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A servitude may be enforced by any appropriate remedy, which may include punitive damages when the factors listed in the Restatement support that choice.
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Where the action is still recognized, the tort aspect permits punitive damages upon a showing that the defendant acted maliciously.
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…news stories relating to some of the described events or by any other means. Alabama law denies a public officer recovery of punitive damages in a libel action brought on account of a publication concerning his official conduct unless he first makes a written demand for a public retraction and the defendant fails or refuses to…