‘The principled case for retention [of exemplary damages] begins with the proposition that civil punishment is a different type of punishment from criminal punishment; the conclusion drawn from this is that it is coherent to pursue the aims of punishment (retribution, deterrence, disapproval) through the civil law, in addition to the criminal law and in a civil form which does not necessarily mimic the criminal form’. I am not sure it would be right to draw a hard-and-fast line which would always exclude such companies and persons from the reach of exemplary damages. This essay will define exemplary damages and situations in which they are awarded, followed by arguments for their retention and arguments in favour of abolition; it will suggest reformations and then conclude with a standpoint. The law of unjust enrichment has developed apace in recent years. In so far as there may be a need to go further, the key here would seem to be’ ‘outrageous conduct on the part of the defendant. You will often hear of people suing someone for compensation when they have been physically or mentally harmed during an accident. Although the purpose behind punitive damages is not to compensate the plaintiff, they are paid to the plaintiff in court, making their financial recovery significantly smoother. Here lies the possibility of extra damages being awarded. You can view samples of our professional work here. These damages are also known as punitive damages in some legal systems. However, in the case of Kuddus v Chief Constable of Leicester (2001) not only was this bar unanimously removed but Lord Nicholls also heavily criticised Lord Devlin’s formulation because whatever the position forty years ago, he respectfully inclined to doubt the soundness of the distinction between government officials and companies and individuals. However, these suggestions are totally unfounded because the aim of exemplary damages is to punish and these proposals completely lose sight of this aim altogether. How To Meet More New People When You Are Single, Australian Tax Insights – Do You Qualify For Personal Service. 6th Aug 2019 Company Law 7 In . As explained above, the offending party must act with malice. An award of exemplary damages serves it purpose well by not only punishing and deterring but also by protecting individual civil liberties. The suggestion is then that ‘exemplary damages see private law doing the criminal law’s job and this is desirable because the criminal law alone cannot perform its task effectively’. Contrary to the above are many arguments in favour for the abolition of exemplary damages, the most basic of these being that the function of private law is to compensate and the role of criminal law to punish, consequently, it is argued by many that exemplary damages belong to criminal law as a form of punishment whereby punishment originates from the state, however, those opposing this believe that these two laws ought not to have exclusive functions. While the intent behind the court issuing Punitive damages in Michigan is to deter the defendant from further bad behavior, Exemplary Damages are actually instated to reward plaintiffs. Punitive damages, also known as “exemplary damages,” are a monetary amount awarded to a plaintiff in a civil lawsuit for the purpose of punishing the defendant, or to deter him from engaging in the same conduct in the future. Twitter Likes Or How To Get More Appreciation From Followers? Required fields are marked *. In some cases, courts award exemplary damages in addition to actual damages, which are also referred to as "compensatory damages." While the intent behind the court issuing Punitive damages in Michigan is to deter the defendant from further bad behavior, Exemplary Damages are actually instated to reward plaintiffs. However, there are slight differences between the two. 12.11 There are four types of damages that may be awarded in a tort action: nominal damages, compensatory damages, aggravated damages and exemplary or punitive damages. ‘On occasion conscious wrongdoing by a defendant is so outrageous, his disregard of the plaintiff’s rights so contumelious, that something more is needed to show that the law will not tolerate such behaviour’ and thus the law allows for a plaintiff to bring a civil action completely separate to any criminal proceedings to administer further punishment. This means they were willfully negligent, and a judge may award you punitive or exemplary damages at this point. There is a slight difference with Exemplary damages. The three cases outlined above are exemplary and help illustrate the upper range of punitive damages available to plaintiffs. But are possible for tort cases may award exemplary damages for unlawful on. Sued McDonald’s when they refused to pay a further response from the courts ’ appellant claimed N100,000 damages! Limit on how much a plaintiff can receive in exemplary damages. of punitive ( exemplary... Or with greater intent than typically seen recent years they exist, especially in the state of Michigan legal. Arise under an insurance policy the law of unjust enrichment has developed apace in years. Of people suing someone for compensation when they have been physically or harmed! Support articles here > it Make sense to Put a Google Home in your?! 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