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In awarding punitive damages, a court considers all of the following EXCEPT

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In awarding punitive damages, a court considers all of the following EXCEPT
a.the difference between the punitive award and any civil penalties used in similar cases.
b.the ratio between the harm suffered and the award.
c.the financial condition of the plaintiff.
d.the reprehensibility of the defendant’s conduct.

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In awarding punitive damages, a court considers all of the following EXCEPT
a.the difference between the punitive award and any civil penalties used in similar cases.
b.the ratio between the harm suffered and the award.
c.the financial condition of the plaintiff.
d.the reprehensibility of the defendant’s conduct.

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Answer

  • the financial condition of the plaintiff.
    Explanation:
    The following are considered in awarding punitive damages: 1) Degree of reprehensibility of the misconduct by the defendant. 2) The difference between the actual harm suffered by the plaintiff and the awarded punitive damages. 3) The difference between the awarded damages by the jury and the penalties awarded on comparable cases before. The punitive damages are not awarded on the basis of the financial condition of the plaintiff as this would be considered unfair to the defendant.

 

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Answered on June 21, 2020 8:24 am

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