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In civil court the court has the discretion to aaward both remunerative (the courts determination of the value of actual damages) and punitive (the courts determination of the value of penalty that the defendant will suffer for damages that cannot be accurately quantified).

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Can you sue for treble damages in small claims court?

Typically, small claims courts do not award treble damages. These courts are designed for simplified and streamlined procedures for resolving disputes involving small amounts of money. If you are seeking treble damages, you may need to file a claim in a higher court or consult with a legal professional for guidance.


What is specific performance of contract and under which circumstances specific performance not granted?

Specific performance is when the court orders someone who is in breach of contract to do what they said they would do under the contract. Specific performance is not granted if the contractual breach can be remedied with damages, or if it is a personal service.


When are punitive damages awarded in court?

The court will set punitive damages for the defendant when it considers that the culprit would learn something from paying more. Maybe compensation awarded to the victim was not entirely adequate, or maybe the perpetrator would benefit from a life lesson.


How do you determine amount of lawsuit one can sue for?

An accurate answer requires knowing the type of claim being made and the state in which the lawsuit will be filed.For instance, in personal injury lawsuits, many states will not allow you to set forth a specific amount of damages in the petition. Rather, you would allege with specificity the defendant's negligence, the nature and extent of your injuries and ask the court to award "such damages as are reasonable in the premises." It's then up to the fact-finder [judge or jury] to set the amount of damages you are awarded. To set the amount of damages, the fact-finder will listen to the expert testimony [treating physician, etc], will look at past damage awards in other cases involving similar injuries, and will consider whether you were also at fault in the cause of your injuries.


How do you prosecute a tort?

To prosecute a tort, the injured party (plaintiff) needs to file a civil lawsuit against the alleged wrongdoer (defendant) in a court of law. The plaintiff must prove that the defendant's actions or inactions caused harm or loss, seek compensation for damages, and adhere to the legal procedures and deadlines during the litigation process. If successful, the court may order the defendant to pay damages to the plaintiff.

Related Questions

Can small claims court award punitive damages in a legal case?

No, small claims court typically does not award punitive damages in legal cases.


What are the remedies for non performance of a contract?

Contract law is a very complicated area of law. The answer depends on the contract, the circumstances of the breach and state laws. Remedies can include compensatory damages, consequential damages, punitive damages and a court order that requires performance exactly as outlined in the contract. You can read more about it at the related link.


How much taxes on 1.5 million in il. law suite?

This will completely depend on what kind of law suit it is and what the damages are for in the award as determined by the court. If it was a loss of income you may have taxes on the award or on part of the damages. If it was for an permanent injury you may not pay any taxes at all for the award. I will tell you that you will need to hire a professional accountant to do your taxes with an award like this.


Can you sue for treble damages in small claims court?

Typically, small claims courts do not award treble damages. These courts are designed for simplified and streamlined procedures for resolving disputes involving small amounts of money. If you are seeking treble damages, you may need to file a claim in a higher court or consult with a legal professional for guidance.


Can you receive compensatory damages in federal court?

can you recieve compensatory damages in federal court


What happens if you have no insurance and you were hit by someone without car insurance?

You each walk away with nothing - your only recourse is to take the person who hit you to court and sue for damages. However, chances are if that person has no insurance, they have no job, and thus no income which to pay you the damages should the court award in your favor.


What court procedure allows for collecting damages to property?

A suit to recover damages in civil court.


What are the penalties breaking the laws?

The penalty for patent infringement is either an award of damages or an account of profits and an award of court costs.


What does it mean when the court of appeals inserts a remittitur in a case?

A remittitur entered by an appeals court is a reduction in the amount of damages, without reversing the underlying judgment that plaintiff was entitled to damages. When awarding damages, a jury has to do so based on the evidence. If it is clear that a jury misinterpreted some evidence as to damages and awarded an amount that is clearly against the weight of the evidence, the court will reduce the total damage award by the mistaken amount. It will not reverse the entire judgment and award of damages. An example would be where a plaintiff sues for back pay in a wrongful employment termination suit. The back pay is a specific amount based on salary and length of time the salary was not paid. If the jury made an obvious miscalculation and awarded too much, the court would reduce the amount awarded. The appeals court would not throw out the entire judgment if it found nothing else wrong.


In a small claims court if the defendant wins then can the defendant claim costs for their fees that they have paid out?

as much as they like i think In the UK they can claim all expenses, the court may also award damages as compensation in some cases.


Can you sue for triple damages?

When does the court allow you to sue for triple damages?


How much can you get if your landlord break the lease?

too vague; normally, the lease is void and the tenant may leave. if the LL's behavior is egregious, the tenant can win a damages award in court.