vindictive damages
Also known as exemplary damages, retributory damages or vindictive damages.
Damages awarded in excess of the claimant's loss. They are intended to punish the defendant and are more closely connected to criminal law than tort or contract. Punitive damages are awarded occasionally in tort cases to mark the court's disapproval of the defendant's conduct (for example, in defamation actions); they are not available for breach of contract, as damages in contract are awarded on a compensatory basis. Under the present law, punitive damages cannot be awarded unless:
• The wrongdoer has committed a legal wrong for which punitive damages were awarded before 1964; and
• The wrongdoer's conduct falls into one or other of two limited categories of abuse of power by servants of government, or conduct which was motivated by the pursuit of profits.
Related links
+ punitive damages, also known as exemplary damages
USA
The amount of money awarded to the claimant in civil litigation to punish the wrongdoer and to deter the wrongdoer and others from engaging in unlawful conduct in the future. Punitive damages must bear a reasonable relationship to the harm caused by the wrongdoer's actions, and are reserved only for situations in which the wrongdoer acted intentionally, recklessly or with gross negligence in causing the claimant's harm. Punitive damages are awarded to the claimant in addition to compensatory damages. Punitive damages generally may not be recovered for breach of contract.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

Look at other dictionaries:

  • Vindictive damages — Vindictive Vin*dic tive, a. [For vindicative, confused with L. vindicta revenge, punishment, fr. vindicare to vindicate. Cf. {Vindicative}.] 1. Disposed to revenge; prompted or characterized by revenge; revengeful. [1913 Webster] I am vindictive… …   The Collaborative International Dictionary of English

  • vindictive damages — Damage Dam age (d[a^]m [asl]j; 48), n. [OF. damage, domage, F. dommage, fr. assumed LL. damnaticum, from L. damnum damage. See {Damn}.] 1. Injury or harm to person, property, or reputation; an inflicted loss of value; detriment; hurt; mischief.… …   The Collaborative International Dictionary of English

  • vindictive damages — /vindiktav daemajaz/ See damages exemplary or punitive damages (exemplary damages; punitive damages) …   Black's law dictionary

  • vindictive damages — Same as exemplary damages. 22 Am J2d Damg § 236 …   Ballentine's law dictionary

  • vindictive damages — noun plural : punitive damages …   Useful english dictionary

  • Vindictive — Vin*dic tive, a. [For vindicative, confused with L. vindicta revenge, punishment, fr. vindicare to vindicate. Cf. {Vindicative}.] 1. Disposed to revenge; prompted or characterized by revenge; revengeful. [1913 Webster] I am vindictive enough to… …   The Collaborative International Dictionary of English

  • damages — A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A… …   Black's law dictionary

  • damages — A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A… …   Black's law dictionary

  • vindictive — adj. 1 tending to seek revenge. 2 spiteful. Phrases and idioms: vindictive damages Law damages exceeding simple compensation and awarded to punish the defendant. Derivatives: vindictively adv. vindictiveness n. Etymology: L vindicta vengeance (as …   Useful english dictionary

  • Exemplary damages — Damage Dam age (d[a^]m [asl]j; 48), n. [OF. damage, domage, F. dommage, fr. assumed LL. damnaticum, from L. damnum damage. See {Damn}.] 1. Injury or harm to person, property, or reputation; an inflicted loss of value; detriment; hurt; mischief.… …   The Collaborative International Dictionary of English

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.