North Dakota Jury Instruction - 2.1 Punitive Damages In General
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FAQ
There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive.
Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages. 32-03-02. Detriment defined. Detriment is a loss or harm suffered in person or property.
In North Dakota case law and statutes, punitive damages are referred to as ?exemplary damages,? and may be awarded as a sum advanced as ?an example to others.?
Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ...
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
Examples of acts warranting exemplary damages: publishing that someone had committed murders when the publisher knew it was not true but hated the person; an ex-husband trashes his former wife's auto and threatens further property damage; a stockbroker buys and sells a widow's stocks to generate commissions resulting ...
Exemplary damages, better known as punitive damages, refer to extra damages awarded beyond that actually incurred by the plaintiff.