What are Vindictive Damages?
Vindictive damages, also known as exemplary damages, are damages awarded to a plaintiff in a civil case to punish the defendant for their wrongful conduct. This type of damages is awarded in addition to compensatory damages, which are intended to compensate the plaintiff for any losses suffered due to the defendant’s actions.
Vindictive damages are awarded when the defendant’s conduct is deemed to be particularly egregious or malicious. The purpose of awarding such damages is to deter the defendant from engaging in similar conduct in the future, as well as to serve as a warning to others that such behavior will not be tolerated.
In order to be awarded vindictive damages, the plaintiff must prove that the defendant’s conduct was willful, wanton, or reckless. The amount of damages awarded is usually based on the severity of the defendant’s conduct and the harm caused to the plaintiff.
In some cases, a court may award vindictive damages even if the plaintiff has not suffered any financial loss. For example, in case of a wrongful dishonour of cheque from a businessman, the compensation may include exemplary damages. However, a non-trader is not usually awarded heavy compensation unless the damages are alleged and proved as special damages.
Vindictive damages are not awarded in every case. In some cases, the court may decide that the defendant’s conduct was not sufficiently egregious to warrant such damages. The court may also decide that the amount of damages sought by the plaintiff is excessive.
In conclusion, vindictive damages are a type of damages awarded to a plaintiff in a civil case to punish the defendant for their wrongful conduct. Such damages are usually awarded when the defendant’s conduct is deemed to be particularly egregious or malicious. In some cases, a court may award vindictive damages even if the plaintiff has not suffered any financial loss. However, such damages are not awarded in every case.