Award of Exemplary Damages when Damages Cannot be Assessed

Exemplary damages, also known as punitive damages, refer to the monetary award granted to a plaintiff by the court that goes beyond the actual loss suffered by the plaintiff. It is awarded as a form of punishment to the defendant for their wrongful conduct and to deter others from engaging in a similar conduct.

When the damages cannot be assessed, the party may be awarded by the court with exemplary damages. This means that when the court finds that the plaintiff has suffered harm, but the harm cannot be quantified in monetary terms, the court may award exemplary damages to the plaintiff.

Exemplary damages are awarded in cases where the defendant's conduct is particularly egregious, and the court wants to send a message to the defendant and others that such conduct will not be tolerated. It is also awarded in cases where the defendant acted with malice, fraud, or gross negligence.

Exemplary damages are not awarded in every case where damages cannot be assessed. The court will only award exemplary damages if it finds that there is a need for such damages to be awarded based on the facts of the case.

Conclusion

In conclusion, when the damages cannot be assessed, the court may award exemplary damages to the plaintiff. This is done to punish the defendant for their wrongful conduct and to discourage others from engaging in such conduct. Exemplary damages are not awarded in every case, but only in cases where the defendant's conduct is particularly egregious, and the court finds that there is a need for such damages to be awarded.

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