PUNITIVE DAMAGES Meaning and
Definition
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Punitive damages, also known as exemplary damages, refer to a legal remedy designed to punish a defendant and deter others from engaging in similar misconduct. In a legal context, punitive damages are awarded in addition to compensatory damages, which aim to compensate the plaintiff for their losses or injuries.
Punitive damages are often granted in cases where the defendant's behavior is considered egregious, intentional, or willful, exceeding what is ordinarily expected. They are intended to go beyond the payment necessary to address the plaintiff's actual harm, seeking to act as a form of punishment for the defendant's reprehensible actions.
The purpose of punitive damages goes beyond straightforward compensation; it aims to send a message to the defendant and society as a whole, discouraging future misconduct. By imposing a financial burden on the defendant that is greater than what is required to compensate the plaintiff, punitive damages seek to highlight the seriousness of the defendant's misconduct and deter them and others from engaging in similar behavior.
The assessment of punitive damages varies among different legal jurisdictions, and the criteria for awarding such damages may differ as well. Generally, punitive damages are awarded in cases where the defendant's actions are considered malicious, fraudulent, or grossly negligent. The specific amount of punitive damages is often determined based on factors such as the severity of the defendant's conduct, their financial status, and the need for deterrence in the particular case.
Common Misspellings for PUNITIVE DAMAGES
- ounitive damages
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- punutive damages
- punjtive damages
- punktive damages
- punotive damages
- pun9tive damages
Etymology of PUNITIVE DAMAGES
The word "punitive" originates from the Latin word "punitivus", derived from "punitus", the past participle of "punire", meaning "to punish". In English, "punitive" is an adjective referring to something aimed at punishment or retribution.
The term "damages" comes from the Old French word "damager", which means "to damage" or "to harm". It was derived from Latin "damnum", meaning "loss" or "harm".
When these two words are combined, the concept of "punitive damages" is formed. It refers to a monetary award in a civil lawsuit that is granted by a court to punish the defendant for their wrongful behavior, beyond compensating the plaintiff for their losses or injuries.
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