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A Real Example of Punitive Damages In a California case against Monsanto, a Bayer subsidiary , a verdict against the company was awarded to a couple who claimed to develop cancer as direct use of the company’s herbicide (weedkiller) called Roundup. Unlike regular (or "compensatory") damages like those Tom received in our example above, punitive damages are meant to punish the defendant, and are not directly tied to a tangible injury. They're not technically meant to compensate the plaintiff for a specific loss—although in any kind of personal injury case where they're awarded, the plaintiff is the one who ends up receiving punitive damages from the defendant. It’s exceedingly rare. A breach of the contract alone is not enough to trigger an award of punitive damages.
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What Are Punitive Damages? Punitive damages are awarded as punishment for the misconduct of the defendant. Punitive damages are awarded to the plaintiff, but the main goal is deterrence of the behavior that brought about the lawsuit. Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to Punitive damages are awarded in addition to actual damages in certain circumstances.
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-They may be awarded in suits involving gross negligence. * The plaintiff must have already been awarded Compensatory, Nominal or Restitutionary damages.
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Compensatory Damages. Punitive Damages. nominal, compensatory, punitive. small sum of money (6 cents or 1$) awarded to the P in order t…. these are intended to represent the closet possible financial…. These are an additional sum, over and above the compensation o…. 3 types of damages.
They're not technically meant to compensate the plaintiff for a specific loss—although in any kind of personal injury case where they're awarded, the plaintiff is the one who ends up receiving punitive damages from the defendant. It’s exceedingly rare. A breach of the contract alone is not enough to trigger an award of punitive damages. The Canadian requirement is that the conduct of one of the parties was “malicious, oppressive and high-handed”.
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because the defendant's wrongdoer was quasi-criminal, malicious, fraudulent, intentional reckless and outrageous.
Great judicial restraint is expected to be exercised in their use. Punitive damages are meant to punish a Defendant for particularly egregious conduct. They are the most difficult damages to obtain as the burden the Plaintiff must meet to receive punitive damages is very high. Each state handles punitive damages differently; some states even cap the amount of punitive damages which can be awarded.
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Excessive punitive damages awards violates substantive due process (taking away of property) 2. Preference for single digit relationship between compensatory and punitive damages 3. That wouldn't look unreasonable/excessive Reasons that punitive damages are awarded 1) Compensatory damages not enough compensatory damages are objective in nature. Want to punish someone for really hurting another person (especially when it is difficult to determine what the injury is and how to quantify it). An employer is vicariously liable for punitive damages only if the employer superior officer, orders, participates in or ratifies the employee outrageous conduct. Punitive damages maybe implsed when the employer reckelessly retained an unfit servant.