Ch. 14 - Remedies; Q 1, 2, 4, and 5.docx

The purpose of nominal damages is to allow a person

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The purpose of nominal damages is to allow a person to sue that didn't actually suffer any sort of tangible or actual loss. The plaintiff still needs to seek a remedy, because courts can only hear cases where there is an actual controversy and some kind of relief is being sought. So, they may sue, the court may hear the case and decide for the plaintiff, and "nominal damages" may be awarded. The purpose of compensatory damages is to provide a plaintiff with the monetary amount necessary to replace what was lost, and nothing more. The purpose of exemplary or punitive damages is to award a plaintiff in a civil lawsuit for the purpose of punishing the defendant, or to deter the defendant from engaging in the same conduct in the future. 4) Green brought a new car from brown Motor Sales for $30,000. A few days later, Green attempted to pass another vehicle, and the steering linkage locked when Green turned the wheels to the left. Does Green have a right of action against anyone? If so, for how much? Based on what theory? 5) Why should punitive damages be awarded to a plaintiff in a fraud action but denied when the action is based on the breach of contract? Punitive damages are awarded to a plaintiff in a fraud action but denied when the action is based on the breach of contract, this is because damages awarded have a primary purpose of punishing the defendant in a fraud action for the reprehensible
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conduct and making the defendant an example to deter others from similar conduct. Also, punitive damages are added compensation for the shame, degradation or mental anguish suffered by the plaintiff. In an action based on the breach of contract, punitive damages cannot be recovered no matter how willful the breach was. Punitive damages are governed generally by state laws on damages and the relevant principals vary from state to state (Gayton 2012).
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  • Fall '18
  • Julio Smith
  • Law, Pleading

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