Week 4 BizLaw Punitive Damages
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Feb 20, 2024
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Punitive Damages
Definition and Depth of Understanding:
Punitive damages, also known as exemplary damages, are a form of compensation awarded in certain legal cases to punish the defendant for egregious conduct and deter similar conduct or as Black's Law Dictionary, Prosser & Keeton Torts, 5th Edition, 1984 put it, its for "punishing the defendant" and "deterring others" from committing actions similar to the defendant's conduct. (Unlike compensatory damages, which aim to compensate the plaintiff for losses, punitive damages go beyond compensation and serve a punitive and deterrent purpose). Such as the current case involving E. Jean Carroll v. Donald J. Trump, where Carroll received
$65 million in punitive damages: see https://www.courthousenews.com/jury-awards-e-jean-carroll-83-3-million-in-damages-for-donald-
trumps-defamation/. We’ll see what happens next when Trump appeals that decision.
Punitive damages are not awarded in every case but are reserved for situations where the defendant's actions are deemed particularly reckless, malicious, or intentional. Courts consider punitive damages necessary when compensatory damages alone are insufficient to address the wrongful conduct adequately. The judge or jury of fact will consider the following before awarding punitive damages:
According to Percy Martinez, P.A. “Punitive damages are not mandatory awardable in every case. The court has discretion to determine the amount of punitive damage award”.
(a) The defendant's misconduct's impact on the claimant.
(b) The defendant's wrongdoing duration.
(c) The defendant knew the misconduct was unlawful or illegal.
(d) The defendant's reasonableness, considering that other defendants may have committed similar misbehavior under different circumstances. Consider any criminal penalties that might have been imposed on the defendant had they been convicted of a crime arising from the facts giving rise to the action for which punitive damages are awarded when determining whether they are reasonable.
Citation to Reliable Authority:
According to the legal resource "FindLaw," punitive damages are awarded to punish the wrongdoer for outrageous misconduct and to deter others from engaging in similar behavior: https://www.findlaw.com/legalblogs/personal-injury/when-can-you-sue-for-punitive-damages/
#:~:text=Punitive%20Damages%20Intended%20to%20Punish,from%20engaging%20in%20similar
%20conduct.
Percy Martinez, P.A.: https://percymartinezlaw.com/punitive-damages-florida/#punitive-damages-are-
not-mandatory-awardable-in-every-case-the-court-has-discretion-to-determine-the-amount-of-punitive-
damage-award
Punitive damages serve as a deterrent mechanism, aiming not only to compensate the plaintiff but also to discourage others from engaging in reprehensible behavior, according to International Review of Law and Economics
Volume 19, Issue 1
, March 1999, Pages 47-68. https://www.sciencedirect.com/science/article/abs/pii/S0144818898000301?via%3Dihub
In conclusion, punitive damages are an essential concept in tort law, serving a dual purpose of punishment and deterrence. I hope these explanations that are backed by citations from reliable authorities fulfil the needs of this class project.
Thank you for taking the time to review this, looking forward to remarks.
Lauralee Conklin
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