Punitive Damages - Law Dictionary Search Results

Home Dictionary Name: punitive damages

damage [Old French, from dam injury, harm, from Latin damnum financial loss, fine] 1 : loss or harm resulting from injury to person, property, or reputation 2 pl : the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages may be awarded for a single injury. actual damages : damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered called also compensatory damages consequential damages : special damages in this entry direct damages : damages for a loss that is an immediate, natural, and foreseeable result of the wrongful act compare special damages in this entry ex·em·pla·ry damages [ig-zem-plə-r...

award

award [Anglo-French awarder agarder to look at, decide on, impose, alteration of Old French esguarder to look at, from es-, intensive prefix + guarder to guard] 1 : to give in accordance with a judicial or administrative determination or decision [ punitive damages] 2 : to grant as deserved [ed the contract to the lowest bidder] n 1 : a judgment or final decision: as a : arbitrator's award b : a formal decision regarding benefits in a workers' compensation claim 2 : something granted esp. on the basis of merit or entitlement: as a : a contract won by a successful bidder b : relief usually in the form of money (as damages or alimony) granted to a party in a legal proceeding ...

malice

malice 1 a : the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse b : wanton disregard for the rights of others or for the value of human life c : an improper or evil motive or purpose [if cannot be proved or a benign purpose can be imagined "David Kairys"] d : actual malice in this entry actual malice 1 : malice proved by evidence to exist or have existed in one that inflicts unjustified harm on another: as a : an intent to injure or kill b : malice called also express malice malice in fact 2 a : the knowledge that defamatory statements esp. regarding a public figure are false b : reckless disregard of the truth see also public figure New York Times Co. v. Sullivan in the Important Cases section implied malice : malice inferred from the nature or consequences of a harmful act done without justification or excuse ;also : malice inferred from subjective awarenes...

smart money

smart money [smart pain] : punitive damages at damage n 1 : money invested by one having inside information or much experience 2 : well-informed investors or speculators ...

Award

Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...

Wrongful dismissal

Wrongful dismissal. A wrongful dismissal is an unjustifiable dismissal of a servant by the master from an engagement for services for a fixed time or, if upon notice, before expiration of the period of notice. The servant may elect to treat the contract as repudiated, General Bill Posting Co. v. Atkinson, 1909 AC 118; and see Measures, Ltd. v. Measures, (1910) 2 Ch 248, in which case he can recover wages actually earned on a quantum meruit [see Cutter v. Powell, (1795) 6 Term Rep 320, and Notes, Sm. L.C.], or if he treats the contract as continuing, he may sue for damages for loss of service and such wages as he has lost the opportunity of earning, taking into account the probability of finding another employment of the same kind and degree [see Brace v. Calder, (1895) 2 QB 253], but he cannot sue for a quantum meruit as well as on the contract. The custom that a domestic servant may be dismissed at any time by a month's notice or payment of a month's wages has been judicially proved, ...

aggravating circumstance

aggravating circumstance : a circumstance relating to the commission of an act that increases the degree of liability or culpability [punitive damages are recoverable in a conversion case when the evidence shows legal malice, willfulness, insult, or other aggravating circumstances "Schwertfeger v. Moorehouse, 569 So. 2d 322 (1990)"] ;also : a circumstance (as lack of remorse) relating to an offense or defendant that receives consideration by the court esp. in imposing a death sentence compare mitigating circumstance ...

plead

plead plead·ed or: pled also: plead [pled] plead·ing [Anglo-French plaider to argue in a court of law, from Old French plaid legal action, trial more at plea ] vi 1 : to make an allegation in an action or other legal proceeding ;esp : to answer the pleading or charge of the other party by denying facts therein stated or by alleging new facts [the defendant shall be given a copy of the indictment or information before the defendant is called upon to "Kansas Statutes Annotated"] see also alternative 2 : to make a specific plea [ not guilty] ;also : to make a plea of guilty [agreed to to the lesser charge] vt 1 : to allege in or by way of a pleading : state in a pleading [unless plaintiff s and proves facts showing actual malice, he cannot recover punitive damages "Kumaran v. Brotman, 617 N.E.2d 191 (1993)"] [ a case of fraudulent conveyance] 2 : to offer as an excuse [cannot ignorance of the law] plead·able adj plead·er n ...

wanton

wanton : manifesting extreme indifference to a risk of injury to another that is known or should have been known : characterized by knowledge of and utter disregard for probability of resulting harm [a act] [by such or willful misconduct] see also reckless NOTE: Wantonreckless, and willful are often used to refer to an aggravated level of negligence that borders on intent and that is often ground for an award of punitive damages. wan·ton·ly adv wan·ton·ness n ...

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