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California Civil Code § 3369, enacted in 1872, was California's early unfair competition statute. It "addressed only the availability of civil remedies for business violations in cases of penalty, forfeiture, and criminal violation." [3] A 1933 amendment expanded the law to prohibit "any person [from] performing an act of unfair competition."
In Canada, punitive damages may be awarded in exceptional cases for "malicious, oppressive and high-handed" misconduct. [7] The Supreme Court of Canada set out 11 principles to guide judges and juries for awarding punitive damages in the leading case Whiten v Pilot Insurance Co 2002 SCC 18. The principles are not intended to form a checklist or ...
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
Punitive damages (sums intended to punish the defendant) may be awarded in addition to actual damages intended to compensate the plaintiff. Punitive damage awards generally require a higher showing than mere negligence, but lower than intention. For instance, grossly negligent, reckless, or outrageous conduct may be grounds for an award of ...
The plaintiff, Dr. Ira Gore, bought a new BMW, and later discovered that the vehicle had been repainted before he bought it. Defendant BMW of North America revealed that their policy was to sell damaged cars as new if the damage could be fixed for less than 3% of the cost of the car. Dr. Gore sued, and an Alabama jury awarded $4,000 in compensatory damages (lost value of the car) and $4 ...
The punitive damages commonly occurred in the civil action in which there does not exist a criminal sanction. [15] The jury or judge can make a decision to this damages that will impact more to a richer person that may pay more to encounter punitive damage since this damages are not hooked by the law. [15]
They were awarded $2 million in punitive damages from American Reliable and $10 million in punitive damages from Global Indemnity Group, according to court documents.
State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), was a case in which the United States Supreme Court held that the due process clause usually limits punitive damage awards to less than ten times the size of the compensatory damages awarded and that punitive damage awards of four times the compensatory damage award is "close to the line of constitutional impropriety".
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