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Simple English definitions for legal terms

exemplary damages

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A quick definition of exemplary damages:

Exemplary damages, also known as punitive damages, are extra money awarded to the plaintiff beyond what they actually lost. These damages are given as punishment to the defendant for their harmful behavior. They are usually only awarded in cases where the defendant intentionally caused harm or engaged in willful misconduct. Punitive damages are not typically awarded in breach of contract cases. Courts will also not award punitive damages if the liquidated damages listed in a contract are actually meant to be punitive. Courts only apply punitive damages in about 5% of cases, and they consider the reprehensibility of the defendant's behavior and the ratio of punitive to compensatory damages when deciding whether to award them.

A more thorough explanation:

Definition: Exemplary damages, also known as punitive damages, are additional damages awarded to the plaintiff beyond the actual damages incurred. These damages are considered punishment and are intended to dissuade the defendant from engaging in harmful behavior. Punitive damages are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. They are not awarded in the context of a breach of contract claim.

Examples: In a case of tort liability, a court may award punitive damages if the plaintiff can prove that the defendant engaged in intentional tort or wanton and willful misconduct. For example, if a driver intentionally hits a pedestrian, the court may award punitive damages in addition to compensatory damages. However, if the driver accidentally hits the pedestrian, punitive damages may not be awarded.

In a principal-agent relationship, courts are usually reluctant to award punitive damages on the principal for the reckless actions of the agent. However, if the principal encourages or causes the agent's recklessness, punitive damages may be awarded. For example, if a company encourages its employees to cut corners on safety measures, and an employee's recklessness causes harm to someone, the court may award punitive damages against the company.

Explanation: Exemplary damages are awarded to punish the defendant for their harmful behavior and to deter them from engaging in such behavior in the future. These damages are not meant to compensate the plaintiff for their losses but to send a message to the defendant and others that such behavior will not be tolerated. The court has discretion in awarding punitive damages and will consider the severity of the defendant's behavior and the harm caused to the plaintiff.

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ParallelAgreeableOrangutan
22:02
tbh kinda losing my mind, I'm visiting my parents in my childhood home and whenever I do this I remember why I never do this aahhaha
ParallelAgreeableOrangutan
22:02
My dog likes it here tho
ParallelAgreeableOrangutan
22:02
How are youuuuu?
llama
22:26
@ParallelAgreeableOrangutan: Deep/tough. Feels. Im well working on a project so im happy :)
NemoPropheta
22:28
should i hit the dmt pen in the sauna and meet god
ParallelAgreeableOrangutan
22:31
Ooh what kind of project? Work, passion, neither, both?
ParallelAgreeableOrangutan
22:31
@NemoPropheta: do it do it
NemoPropheta
22:37
alright day before my lsat ill hit a blinker in the sauna and become one with the test
llama
22:47
@ParallelAgreeableOrangutan: law school data so just passion.
llama
22:47
@NemoPropheta: noo they drug test before the LSAT! U will get flagged!
ParallelAgreeableOrangutan
23:19
I'm intrigued llama
ParallelAgreeableOrangutan
23:21
Holdddddup all that number crunching on your lsd profile is your work? Damn
ParallelAgreeableOrangutan
23:21
I don't visit y'all's profiles enough, clearly
NarrowFaithfulCougar
0:22
@NemoPropheta: Ahh yeah, the Sauna. That's some good Nordic shit. Beats the hot tub hands down. Plus everyone is naked.
llama
1:23
@ParallelAgreeableOrangutan: got that weaponized autism in gear, we out here.
RasheedWallaceFan
12:52
@llama: your cycle confuses me, your stats are good and you applied early but all of those Rs? Is there anything weird about your app?
RasheedWallaceFan
12:53
do you have C&F issues or something?
RasheedWallaceFan
12:55
also ur first choice is kansas but you didnt apply there?
llama
12:55
@RasheedWallaceFan: Hi. Yes, I waited for April LSAT, put almost all apps (which were sent really early) so that basically most of my apps were reviewed In May. Shot myself in the foot for 155 -> 161 lmao. Would not recommend 10/10
llama
12:57
@RasheedWallaceFan: unironically, KSLS was my top choice, however by April LSAT their app had closed. It was like waiting to date ur dream partner, but waiting until you graduate uni, then by the time u graduate uni, your soul mate is already married with 2.4 kids and 1.6 dogs. Heartbreak.exe fr fr
NemoPropheta
12:58
are you R&Ring?
llama
13:00
No, I think what I will do is flip a coin: heds NKU, tails NEL|B what u guys think bout dat. Then once 1L - if good at LS, try to transfer, if bad at LS or one of my grandiose ideas/inventions are viable, drop out and pursue.
RasheedWallaceFan
13:10
oh so you submitted the apps with a lower lsat and then retook
RasheedWallaceFan
13:10
got it
Bettercaulsaul
13:33
Most schools will hold your application for the next test score to be released into your account as well. I was notified by an admissions director that if a decision is processed they will not retroactively go back for the new score even if higher
ParallelAgreeableOrangutan
13:34
I vote NEL-Boston so we can be friends :D
ParallelAgreeableOrangutan
13:34
But it says you withdrew?? :(
ParallelAgreeableOrangutan
13:41
@Bettercaulsaul: in my experience, there is often an option on the application for you to choose whether you'd like them to review your application as-is ASAP or hold it until your new score is released. but it probably varies by school—I just remember seeing that option on at least a few app forms
llama
2:21
While I am unsure of what option you are referring to, I personally just emailed each school and asked for them to hold my app pending my lsat score release.
llama
2:22
Sorry WNE = Western New England not NEL|B
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