Sentences with phrase «punish defendants in those cases»

Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.

Not exact matches

As such, they hold a crucial place in the Canadian legal system as they enable our courts to go beyond regular awards of damages stemming from a case and to effectively «punish» defendants for bad behaviour.

In the US the damages regime is very different: Juries hear the case and set damages, which can then be trebled by the judge, if he or she considers the Defendant should be punished.

How to Allege Punitive Damages and the Court's Ruling Punitive damages are allowed in New Mexico accident cases as a way for the jury to punish a defendant for conduct that is so excessive or abhorrent that it must be condemned above and beyond what is required to compensate the plaintiffs for their injuries.

In its 1906 ruling in the case of State v. Koch, our Montana State Supreme Court ruled that «the jury has power to disregard the law as declared and acquit the defendant, however convincing the evidence may be, and that the court or judge has no power to punish them for such conduct.&raquIn its 1906 ruling in the case of State v. Koch, our Montana State Supreme Court ruled that «the jury has power to disregard the law as declared and acquit the defendant, however convincing the evidence may be, and that the court or judge has no power to punish them for such conduct.&raquin the case of State v. Koch, our Montana State Supreme Court ruled that «the jury has power to disregard the law as declared and acquit the defendant, however convincing the evidence may be, and that the court or judge has no power to punish them for such conduct.»

Punitive damages are designed to punish the defendant and act as a deterrent, but are rarely awarded in personal injury cases.

In many cases, juries may also assess punitive damages as a means to punish the defendant health care providers to prevent similar future negligence.

However, in some cases, juries and courts can award what are called «punitive damages,» which are designed to punish defendants who have behaved recklessly or intentionally against the public's interest.

Finally, punitive damages are warranted in some personal injury cases, and, rather than being meant to make the plaintiff whole again, punitive damages are meant to punish the defendant for particularly willful or negligent behavior, deterring this type of behavior in the future.

Punitive damages: Awarded in a small percentage of cases, punitive damages are designed to punish the defendant for behavior that is extremely harmful, such as driving drunk or talking on a cellphone while driving.

[ii] Thus, in assessing the putative excessiveness of punitive damages in a given case, a court must scrutinize whether a jury is punishing a defendant an amount of punitive damages that considers the harms actually suffered by strangers to the litigation.

They are meant to punish the defendant in exceptional cases where the defendant's conduct has been «malicious, oppressive and high - handed» and «represents a marked departure from the ordinary standards of decent behaviour», see Whiten, at para. 36.