Excessive Damages – an award of damages by a verdict which appears to have been given under the influence of passion or prejudice; an award so large as to shock the judicial conscience, out of proportion to the damages proved

excessive damages:
(18c)

1. A jury award that grossly exceeds the amount warranted by law based on the facts and circumstances of the case; unreasonable or outrageous damages, which are subject to reduction by remittitur  See REMITTITUR. [1]

1. An award of damages by a verdict which appears to have been given under the influence of passion or prejudice; an award so large as to shock the judicial conscience; an award so out of proportion to the damages proved as to indicate an abuse of the jury’s discretion.  22 Am J2d Damg § 366.  See also 5 Am J2d A & E § 896. [2]

1. An award of damages by a verdict that appears to have been rendered under the influence of passion or prejudice, or one that is inordinately unwarranted by the facts. [3]

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

******************************************

Back to Various Types of Damages

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

 

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Distance@WildWillpower.org.
We look forward to hearing from you!