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In torts, exemplary damages are awarded :
  • a)
    in most of the cases
  • b)
    in all cases
  • c)
    never awarded at all
  • d)
    in restrictive category of cases
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
In torts, exemplary damages are awarded :a)in most of the casesb)in al...
Understanding Exemplary Damages in Tort Law
Exemplary damages, also known as punitive damages, are awarded in tort cases to punish the wrongdoer and deter others from committing similar acts. The correct answer to the question is option 'A', meaning exemplary damages are awarded in most cases, though not universally applicable.

Reasons for Awarding Exemplary Damages
- **Punitive Purpose**: Exemplary damages serve to punish defendants who act with gross negligence or intentional misconduct. They are not merely compensatory but aim to send a message against wrongful behavior.
- **Deterrent Effect**: By imposing significant financial penalties, the legal system seeks to deter both the defendant and others from engaging in similar harmful conduct.

Criteria for Awarding Exemplary Damages
- **Severity of Conduct**: Courts typically award exemplary damages in cases involving egregious behavior, such as fraud, malice, or reckless disregard for the rights of others.
- **Compensatory Damages**: Before exemplary damages can be awarded, the plaintiff must generally establish entitlement to compensatory damages. This means there must be a recognized injury resulting from the defendant's actions.

Limitations on Awarding Exemplary Damages
- **Jurisdictional Variations**: The availability and amount of exemplary damages can vary significantly based on jurisdiction and the specific laws governing torts in that area.
- **Caps on Damages**: Some jurisdictions impose caps on punitive damages to prevent excessive awards, ensuring they remain reasonable relative to the harm caused.
In summary, while exemplary damages are not awarded in every tort case, they are a common remedy in many situations where the defendant’s conduct warrants punishment and deterrence.
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In torts, exemplary damages are awarded :a)in most of the casesb)in al...
Exemplary damages often called punitive damages, these are damages requested and/or awarded in a lawsuit when the defendant's willful acts were malicious, violent, oppressive, fraudulent, wanton or grossly reckless. These damages are awarded both as a punishment and to set a public example.
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In torts, exemplary damages are awarded :a)in most of the casesb)in all casesc)never awarded at alld)in restrictive category of casesCorrect answer is option 'A'. Can you explain this answer?
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