COMM 341: Punative Damages

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COMM 341 > COMM 341: Civil Victim > COMM 341: Punative Damages

Defination

• Damages intended to punish the defendent
• Punative damages only valid if there is compensatory damages
  • Logical imperative: injury (compensatory damagmes) must be a part of prima facie damages

Limits

• 8th amendment does not limit punative damages
• 14th amendment (in Gore v. BMW) does limit punative
• Does 1st amendment limit? we don't know
• Capped in Virginia as $350,000

See also

• COMM 341: Compensatory damages
• COMM 341: Nominal Damages
• COMM 341: C/A Tort of Battery
• COMM 341: C/A Tort of Fraud