exemplary damages
Overview
Exemplary damages, better known as punitive damages, refer to extra damages awarded beyond that actually incurred by the plaintiff.
Exemplary damages, better known as punitive damages, refer to extra damages awarded beyond that actually incurred by the plaintiff.
Foreseeability asks how likely it was that a person could have anticipated the potential or actual results of their actions. This is a question in contract and tort law. The standard that courts use is that of “reasonability.” In contract law, reasonability asks if the harms resulting from a breach were a natural result of that breach.
A foreseeable risk is when a reasonable person in a given situation should know that specific harm might occur as a result of their actions. For example, if a person buys fireworks, then handles them incorrectly, and burns their finger, this is a foreseeable risk.
Frolic and Detour is a phrase describing actions taken by an employee that fall in varying degrees outside of the scope of employment. Generally, a “detour” constitutes a minor departure from an employee’s duties but is still considered acting within the scope of employment, whereas a “frolic” would be a major departure from the scope of employment undertaken for that employee’s own benefit.
Front pay is money awarded for lost compensation that usually occurs in employment discrimination or anti-retaliation cases.
The Federal Tort Claims Act of 1946 (FTCA) is a monumental bill that enabled the Federal government to be sued for tortious activities of its employees within the scope of their employment. Prior to this legislation, sovereign immunity protected the Federal government from essentially all lawsuits.
A lemon is an automobile that continues to be substandard or defective in some way after reasonable attempts to fix it. Nearly all states address the sale of lemons with lemon laws or statutes requiring that restitution be granted to purchasers of a new vehicle. Restitution can consist of replacement vehicles or a full refund.
Manufacturing defects are a type of product defect that can lead to products liability. This kind of defect occurs when a product departs from its intended design and is more dangerous than consumers expect the product to be.
Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item.